QUESTION

Can I still work legally if I marry my boyfriend who has a green card?

Asked on Aug 09th, 2011 on Immigration - Texas
More details to this question:
I have a second h1b visa and my job wants to sponsor me for green card but I don't know how long it is going take. I would like to get married to my boyfriend who just fit his green card but I don't know how it would affect my status to work?
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3 ANSWERS

You can continue to work in H-1B status if you get married. That is not a problem but you do not get work authorization through the marriage. If you get married before your boy friend gets his green card, you can get one with him. You must maintain your own status if he is already a permanent resident but his green card does not prevent you from pursuing one on your own through your employment.
Answered on Aug 31st, 2011 at 10:35 AM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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You can marry your boyfriend and it will not affect your visa. You will be here and work based on your h1b. You will have the choice to file and wait for the Employment based green card or if you file based on your marriage to a Resident/green card. Neither filing will give you any immediate immigration benefit. You will need to wait for the ability to file the Adjustment of Status.
Answered on Aug 11th, 2011 at 8:16 AM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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Most H-1B's will qualify for permanent residence under the EB third preference. It takes about 6 months for the labor certification and then there is a 6 year backlog (for most countries) for the priority date to be current to allow for the application for permanent residence. If you marry an LPR, it generally takes about three years for the priority date to be current to file for permanent residence. Please note that if you apply through your LPR spouse, you must maintain your nonimmigrant visa status (for example H-1B) until the FB priority date is current and you actually file.
Answered on Aug 10th, 2011 at 11:15 AM

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