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I am a Canadian working in the US with H-1B status. My partner (US citizen) and I are planning to get married in January, which would make me eligible to apply for permanent residency. I recently had an interview at another institution in the US that does not sponsor H-1B or TN status for the kind of position that I am seeking. The selection process will still take at least one more month and we are operating on the assumption that they are willing to wait for me to start working around April or May but we are trying to figure out if I were selected, at what point would things happen. Can this institution officially offer me the position before we get married on condition that I can't start until I get my EAD? Would we need to wait until I have submitted the I-130, I-485 and I-765? Or until I get the EAD three months later?
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Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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Well, your employer can certainly offer you a job and hold it for you, but you cannot begin working under any scenario until you have EAD in your hand. So maybe you should get married sooner, if this is the plan anyway, and just do a nice reception/celebration in January.
Answered on Oct 10th, 2013 at 1:00 PM