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#1
17th November 2008, 10:48 PM
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Green Card guy wants to marry H1B girl - visa situation messed-up?
I am sure this is a very common question but I can't find a good answer.
I understand that I being on a GC decide to marry H1B girl, she won't get GC immediately (like it takes 5-6 years). Can she at least get an EAD to work for any employer anywhere in the US? Much appreciate your response. OV 
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#2
17th November 2008, 11:38 PM
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Quote:
__________________
------------------------------------ IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly. PD: 9/12/2000 (EB3/VA/RIR/Canada) I-140 RD: 12/22/2000 I-140 AD: 7/16/2001 RD: 8/28/2001 ND: 10/26/2001 FP1: 1/31/2002 RFE: 8/2/2002 RFE RD: 8/28/2002 TD: 10/22/2002 FP2: 6/19/2004 ID: 07/15/2004 AD: 07/15/2004 CO: 08/18/2004 CR: 08/23/2004 N-400 RD: 05/21/2009 FP: 06/13/2009 CFR: 08/05/2009 IL: 08/21/09 ID: 10/7/09 USC: 10/8/09
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#3
17th November 2008, 11:41 PM
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Nope., Marrying someone does not immediately confer any immigration benefits. In most cases only the ability to apply for such benefits, in this case neither one applies. No EAD.
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#4
18th November 2008, 12:49 AM
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Not only can't she work here, she can also not stay in the US based on being married to you (no status).
__________________
I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008 I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008. Card received on 8/22/2008.
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#5
18th November 2008, 09:16 AM
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A GC holder marrying a H1 does not in any way help her chances. She will have to stay in the US only on her H1: else she will have to leave the country. No question of EAD either. Please explore the option of her employer's willingness to process her GC.
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#6
18th November 2008, 01:38 PM
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Let her continue on H1B as its safe for 6 years. Once you get your citizenship you will be able to apply AOS for her immediately and it will take 6 to 8 months from there on. thanks
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