Canadian With H1 Getting Married

C

cstanley

New Member
I'm currently on an H1 visa and have applied for a Greencard via my job which is currently in the labor certification stage.

I am getting married to an American citizen in April. I am quite new to this and have a few questions:

1.) Do I need to get another visa to stay in the US after I am married or is the H1B suffice?

2.) I am assuming a Greencard via marriage is quicker than continuing with my greencard via job. Is this true? If so anyone have a rough estimate to how long it would take to get a greencard or perhaps to a stage in which I can work in another position not on my H1B visa?

3.) What are my next steps? What paperwork do I need to complete? Like I mentioned, I am completely new to this and appreciate any help. I'm having a hard time grasping exactly what needs to be done and in what order.

Thanks in advance.
-Chris
 
1. No. After you married you need to file concurrently I-130 and the I-485 packet. Go to www.uscis.gov.

2. That depends on many factors so I don't know the timeline for employment based, there are two way different process. The timeline through family based especially as an immediate relative of a USC depends on your district office. Now many DO are going faster than before, but can go from 6-12 months.

If you want to work you can apply for your EAD, once you use your EAD you won't be longer in H-1B visa, you will be in adjustment of status and to go out of the US you will need an Advance Parole (AP).

3. Please go to www.uscis.gov. Especially because you are completely new, you should go first to the main source (USCIS) and read and look there first.

Good luck,
 
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Thanks for the info.

After we are married if she files the I-130 and the I-485 concurrently does that nullify my H1 visa allowing me to work in the US? Does it impact my existing Green Card petition?
 
No/No.

You can have a petition on family based and another on employment based, are totally different but of course you just will receive one approval, the one that comes first.
She files I-130 and you file the packet of I-485 Adjustment of status. You will continue on H-1B so don't worry. You can continue working on your H-1B, if you apply for EAD (Employment Authorization Document) and use it then your H-1B gest void and you would be in Adjustment of Status. You can apply for EAD just in case something happen with your employer and then you want to have a job change, but remember if you use your EAD you must apply for AP to go out of the US since your H-1B won't be valid.

Good luck,
 
If I apply for my EAD while I am still on an H1B visa does this nullify my H1B? My fear is that there will be a gap where I won't be able to work :(.

Again, thanks so much for your help. :)
 
Please read carefully what I just said, you can apply for your EAD, if you USE your EAD then your H-1B gest void, but you will be able to work in your EAD. Just if you use your EAD, not if you just apply for it. Apply and Use it are TWO different things, please don't misunderstood what I am saying. If you have doubts call the Customer Service.

There won't be any gap. The H-1B status is in my opinion one of the good ones to be in adjustment of status process.
 
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cherr1980 said:
Please read carefully what I just said, you can apply for your EAD, if you USE your EAD then your H-1B gest void, but you will be able to work in your EAD. Just if you use your EAD, not if you just apply for it. Apply and Use it are TWO different things, please don't misunderstood what I am saying. If you have doubts call the Customer Service.

There won't be any gap. The H-1B status is in my opinion one of the good ones to be in adjustment of status process.
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So if I understand this correctly once the EAD is in process (Before it is approved) I am in the adjustment of status stage and if I didn't have the H1B I wouldn't be able to work during this period? Since I have an H1 I am able to continue working until the EAD is approved? Sorry for sounding so ignorant. I really really appreciate all your help.
 
cstanley said:
So if I understand this correctly once the EAD is in process (Before it is approved) I am in the adjustment of status stage and if I didn't have the H1B I wouldn't be able to work during this period? Since I have an H1 I am able to continue working until the EAD is approved? Sorry for sounding so ignorant. I really really appreciate all your help.
Click to expand...


Nobody takes you H1 away from you if you marry an American citizen and your spouse is filing an I-130 for you, and you file an I-485.
If you want to continue with your job (H1 based) during this process it's OK.
If you want another job, you'll have to apply for EAD, while you wait the EAD you can continue to work to your old job (H1)

Besides, if you fall out of status after you get married with an American citizen, CIS will forgive you, and basically you wouldn't have any problems because of that.
 
cstanley said:
So if I understand this correctly once the EAD is in process (Before it is approved) I am in the adjustment of status stage and if I didn't have the H1B I wouldn't be able to work during this period? Since I have an H1 I am able to continue working until the EAD is approved? Sorry for sounding so ignorant. I really really appreciate all your help.
Click to expand...

To set things straight. Having an EAD and using it are two different things. You can have an EAD and continue to work using your H1 as long as it is valid and as long as you want. This is like a safety net just in case your H1 gets into trouble, you can fall back on your EAD and continue being employed.

You have to remember that your H1-B would no longer be valid when you start using your EAD for employment. This is when you would lose your H1B status and come under the Pending AOS status.

H1-B allows dual intent. You can have an immigration intent while being on a non-immigrant visa (something you cannot do with other visas (except L visa)). Having said that, you can be on H1 till your green card is approved (provided it is valid till that point).

If you DO NOT have a H1B and have applied for AOS, then you are under the Pending AOS status and have to wait for your EAD to be approved before you can start working.
 
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