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  • Help with visa situation

    My current job is having a 3 month break in between projects on which I won't be getting paid. Since I'm under the h1b I would have to leave the country during this time. I was wondering if I could stay in the country with my wife during these three months since she is a citizen. If I send in the application for the green card, can I stay in the country and also would I be able to travel abroad during that time? Basically this is what I hope to do:

    1. I apply for my i-145 to become a resident
    2. I start the break off my job in early May
    3. I travel within the U.S. with my wife to visit her family from early May to late June
    4. Late June, my wife and I travel to my home country to visit my family
    5. mid-August, I resume my job in the U.S.

    Would this be possible under an H1B (while my job is on break) and with an i-145 and i-30 submitted?

    Thank you in advance for any help!

  • #2
    Help with visa situation

    Yes. AOS gives you the right to live and work (with new EAD) as long as the case is being adjudicated. You can also look for other jobs and companies since you are a beneficiary of a IR category, since the green card is not dependent on your job.

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    • #3
      Help with visa situation

      The new EAD has both AP. So once you receive the new EAD you will be able to travel. After filing don't go out without AP or else the case may be deemed abandoned.

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