H1B visaholder quitting job, need H4?

What is the name of your state? CALIFORNIA

Hi,

I am currently employed with an H1B visa and am on maternity leave. My husband has applied for his green card through his company and we have passed the "labor" stage and have received our EAD cards. However, we are still waiting for the I-140 and the 485 to be approved.

I am planning on quitting my job so that I can stay home with my newborn. When I do this, I will loose my H1 status. Would I still be considered in status and legal given that I already have my EAD or is it necessary for me to apply for an H4?

Any advice would be appreciated ... thank you.

You will lose your H-1B status if you quit your job, but it is not necessary to change to H-4 unless you wanted the extra security of knowing that you are still going to maintain a nonimmigrant status in the event the I-140 and I-485 are denied. However, this is not necessary as a valid pending I-485 petition permits you to remain in the US lawfully while that is being adjudicated.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.