QUESTION
Will I still be allowed to work after my H1b expires and my green card through marriage is being processed?
Asked on Mar 07th, 2014 on Immigration - California
More details to this question:
Hi. I am a French citizen working under an H1B visa. My partner and I just got married a few days ago. My h1b expires in December 2014. We would like to start the process of the green card application. If the process takes longer than expected, am I still allowed to work under my H1b after December 2014 knowing that I am in the green card process? What are my options? Thank you for your help.
6 ANSWERS
You can apply for an employment authorization document EAD as part of the application to adjust status to permanent residence on the basis of marriage and that will take the place of your H-1B if the H-1B is expired, as an interim employment document until the green card is approved. However, if you apply now for your adjustment of status, you should get your green card, barring any unforeseen circumstances, within about 4-6 months.
Answered on Mar 11th, 2014 at 11:43 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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To do it right, you should file Form I-130 immigrant petition together with Form I-485 Application to Adjust Status, Form I-765 Application for Work Authorization, and Form I-131 Application for Travel Document. USCIS must issue work authorization within 90 days from the date of receiving your documents - unless they adjudicate your entire case before that date. So, even though you cannot legally work under H1B after it expires, you can have a valid employment authorization if you file the application packet more than 3 months prior to the expiration of your H1B status.
Answered on Mar 11th, 2014 at 5:28 AM
Adebola O. Asekun
If your partner is a US citizen, and assuming you are qualified to adjust, you should concurrently file your I-765 work authorization with your I-130 petition and I-485, so that even if your H1b visa has expires, the work authorization filed with your I-485 allows you to continue to work while the I-485 is pending. The work authorization in this instance is usually approved within 90 days of filing your I-485 application.
Answered on Mar 10th, 2014 at 5:07 AM
When you filed the I-130 and I-485 to get your green card, filed also for EAD so you can work.
Answered on Mar 07th, 2014 at 4:41 PM
Bruce A. Coane
Normally, if you submit the paperwork for your green card and work permit in the next month or two, you'll have the work permit way before December, and then you can work under the work permit and not worry about the H-1B. On the other hand, if you have a chance to extend the H-1B while the marriage case is pending, it's not a bad idea to maintain that underlying H-1B status until the green card marriage case is finally approved.
Answered on Mar 07th, 2014 at 4:25 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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The process should only take about 3 months from start to finish (with the right immigration attorney).
Answered on Mar 07th, 2014 at 4:03 PM