Legally staying in USA after filing I-130 and I-485

No. Your spouse will be a legal permanent resident only after the case is approved after the interview. Your spouse may get an employment authorization before then. ___________________ Luis A. Guerra, Esq. Law Office of Luis A. Guerra, PA Atrium Centre 4801 South University Dr., Suite 252 Fort Lauderdale, FL 33328 Telephone: (954)434-5800 Facsimile: (954)518-4268 Email: [email protected] Web: www.guerralegal.com

As a general rule, a foreign national must be in lawful status on the date of filing of the application for adjustment of status. An exception to this rule allows spouses of US citizens to adjust even after failing to maintain lawful immigration status. Despite of this, I would not recommend her quit her job and abandon her H-1B until the time shall come that she becomes a lawful permanent resident.

She would probably be fine, but most lawyers say that she should maintain valid non immigrant status until green card is issued.. just in case For more immigration information, visit www.immigrate2usa.com

I agree with my colleagues and would caution her to keep her job at least until she gets the employment authorization document (you should have filed an I-765 along with the I-485). However, it is best to wait for the entire process to be completed and her Green Card issued before she quits her job. In your area she should have her Green Card in under 6 months.

Yes, she can quit ... but it would be best to wait for the process to be completed (when she has an interview in 8-12 months.) She will not be a legal resident until AFTER the interview. Between the time she files and the interview she is an immigrant visa 'applicant'.