Quitting H1B Employment With a Pending Marriage-Based Green Card

[bkode]

Hi All,
I need help with a few specific questions.

My information,
I currently have i-797 H1B status and accompanying H1B visa (both valid until Jan, 2015). I married a USC 2 weeks ago, and on 8/20/14 we submitted i-130 and i-485 concurrently (along with EAD and Advance Parole forms). We will be traveling abroad in 2 weeks for wedding ceremony but I plan to re-enter using my current h1b visa status.

Question/Issue 1-
As soon as I come back to the US in September, I plan to change employers. The new company will be filing an H1B transfer. Given my pending AOS, I wanted to be extra careful about staying in status. As long as the new employer submits my H1B petition (and we receive the receipt notice) is it safe to switch? does that ensure I'm still in status? or would it benefit if I ask them to process an expedited H1B petition for faster reply from USCIS?

Question/Issue 2 -
In Spring 2015 (between February and May) me and my USC wife plan to quit our jobs and travel internationally for 2-3 months. At that point, I would assume my H1B visa would have expired, given that I would quit my job I would no longer have non-immigrant status either. I am assuming I can use my Advance Parole at that time for re-entering the US (since visa is expired) but by leaving the US do I forfeit my pending AOS? Can I travel abroad using advance parole (and no h1b) without impacting my pending AOS? or would I have to wait for AOS to travel for months at a time.

Any input would be much appreciated!

[Disagreeable]

The h1b is a non immigrant visa. Leaving the US might cause you to be denied reentry.

[Mr. Knowitall]

Contrary to what was posted above, an H1B visa is a dual intent visa, not a non-immigrant visa.

The issue here is that you're an adjustment of status applicant. You shouldn't have trouble returning to the U.S. from your trip based on your H1B visa stamp, but given your planned international travel post-filing your marriage-based I-130, and your intent to change employment when you return, you should the details with your plan with an immigration lawyer.

If you apply for and obtain advance parole, once your H1B status ends you can travel internationally while your application is pending based on your advance parole. Once granted advance parole you need to always take your advance parole with you during your international travel.