I recently got my H1B extension approved and will fly to Germany for the stamping next week. This H1B is valid until October 2015, the company I work for also sponsored a Greencard for me, and my I-140 was approved a few months ago. If I quit my job without having a new job, can I stay in the US? I won't claim any unemployment money, I just would like to stay in the US until my boyfriend and I get married.
If you quit your job, you will be out of status and may or may not be accruing unlawful presence. If your H-1B is valid until October 2015, and you quit your job, you may not be accruing unlawful presence, but if you are found to be in the US out of status, you could be ordered removed (deported). If you are getting married, it would be best to continue to maintain your status until you have your I-130/I-485 on file, then you will be an adjustment applicant and could stop working at that point.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You can try. The only solution will be to apply for a change of status from H to B2 visitor status . But you have to know that those are rarely approved, unless you send in an itinerary of all the places you want to visit, things you want to do, etc. and can also provide proof of your ability to support yourself while "touring" the country.
On the other hand, if your boyfriend is a USC and you are sure to get married and him petitioning for you, then even if you quit your job upon returning to the US you decide to no longer work, you can always file for a marriage based green card. And when doing so, it doesn't matter if you happen to be out of status. That doesn't matter a bit in marriage based AOS cases.
Hab kein Angst, dass spielt überhaupt keine Rolle!
You may want to go ahead and schedule a consultation appointment with an immigration lawyer to go over your options at this point. In particular, if your boyfriend is a United States citizen, you may be eligible to apply for a green card through the adjustment of status process after you get married. A consultation with an immigration lawyer will help you make sure that you accomplish your immigration goals without taking any risks that could derail your future immigration options.
