AOS Marriage based - Abandon H1B and go to School

[sparklingstar]

I am a USC and am planning to get married
He is on H1B visa and currently in USA
He will be going back to School in August – after we get married. We have about 1.5 months to get everything in line.
Question:
If we get married and file for all the paperwork (I130, I485, I131 and so on), can he abandon his H1B status and legally stay and go to school in USA – all while paperwork is filed and is pending?
How long will the process take?
What is the best way to do this?
We just want to make sure that we have enough time to put everything into place and that after we get married, file the paperwork and while that is pending for processing - he can quit his job (abandon H1b) and that he will be able to legally stay and go to school in United States. We DO NOT want to go out of status. We have about 1.5 months to get everything in line.

[xyzzy]

Assuming there's nothing you're leaving out, you have nothing to worry about.

If he's working on a valid H1B, he already has a dual-intent status with employment authorization. Studying on an H1B is perfectly fine. Once you get married and file concurrent I130/I485 etc., he will still be here on a valid H1B status with an additional "adjustment pending" status. If he loses H1B status because his employment is terminated, he will still be in status pending the outcome of the adjustment. You should apply concurrently for EAD and AP which will allow him to work or leave the country while adjustment is pending. There will be no lapse in status. With a bona fide marriage to a USC even a lapse in status is curable if the entry and initial status was legal, although any lapse is scrutinized. If you want to avoid any lapse, get married and file before he loses H1B.

It is possible to change from H1B directly to F1 to study by filing I-539 etc., which takes about 2 months, but he can NOT want to do this now. F1 is strictly nonimmigrant, so if he tries to file this now while planning to get married and adjust status this will raise all kinds of questions and worst case be considered fraud and result in removal. So he should stay H1, get married, adjust and get the EAD/AP while adjusting.

[sparklingstar]

xyzzy,
Thanks you much! That really helps