Legal Question in Immigration Law in Missouri

I just got my US citizenship. I am going to file I-130 and I-485 for my wife. She's working on H1B currently, but wants to leave job as soon as possible and stay at home to take care of baby. Can she leave the job the moment I file I-130 and I-485? or does any of these need to be approved before she can leave and be in legal status? Do I need to file for EAD if she doesn't plan to work?

Thank you.


Asked on 7/18/10, 4:44 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

As a general rule, if a person is eligible for adjustment of status and not inadmissible (as it seems to be here), it should be safe to stop working after properly filing the application for adjustment of status. Applying for a work permit is optional. If and when approved, she will become a permanent resident. If denied, for whatever reason, she will not have a backup status (such as, H-1B) to return to. An absolutely risk-free option would be to wait until approval, which is not usually required if an applicant is 'approvable' and not 'inadmissible'.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/18/10, 9:13 am


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