Clarification on H-1B Status and Marrying a U.S. Citizen: Impact on Employment

[anee0443]

I’m reaching out for clarification regarding my current H-1B status and the implications of marrying my U.S. citizen boyfriend in relation to my upcoming Adjustment of Status [Change of Status] process. As my H-1B is set to begin on October 1st, I have a few important questions regarding the process and its impact in regards to employment.

1. Termination of H-1B: Once we get court married, will my H-1B automatically be terminated?
2. Work Authorization: If my H-1B is terminated, will I still be allowed to work while my I-485 is under review and my I-765 for the Employment Authorization Document (EAD) is pending approval?
3 If H-1B is Terminated: In the event that my H-1B is terminated before my EAD is approved, what are my options to continue working during this period?

 

[newacct]

1. no
2. no
3. none

 

[anee0443]

Thank you for your response. I have a couple of follow-up questions regarding my situation:

1. Since my I-485 is pending after marriage, I understand I cannot leave the U.S. What are the implications for my H-1B stamping? I have one year to get it stamped, and my H-1B status begins on October 1, 2024.

2. If my I-485 is approved before September 30, 2025, do I still need to get my H-1B stamped?

 

[newacct]

Since my I-485 is pending after marriage, I understand I cannot leave the U.S.

Not true. You may be talking about abandonment of I-485. Your I-485 will not be abandoned if 1) you maintained H1b status until right before you leave, and you return on an H1b visa, or 2) you are granted Advance Parole before you leave, and you return on that Advance Parole.

I have one year to get it stamped, and my H-1B status begins on October 1, 2024.

There is no such thing. A US visa is solely for entry. If you need to leave the US, and do not have a valid H1b visa, you will need to get an H1b visa to come back. If you do not leave the US, you do not need a visa (since you won't be entering).

If my I-485 is approved before September 30, 2025, do I still need to get my H-1B stamped?

If I-485 is approved, you are a US permanent resident, and will return as a permanent resident if you travel abroad. You no longer have H1b status, and would not get an H1b visa since you would not seek entry into H1b status.

 

[chugh_llp]

If you are an H-1B visa holder and you marry a U.S. citizen, it can have a significant impact on your immigration status and employment situation. Understanding how marriage to a U.S. citizen affects your H-1B status and your right to work in the United States is crucial. This is where the guidance of an experienced immigration lawyer can be invaluable.

H-1B Visa Basics​

The H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations. H-1B holders can work in the U.S. for a specific employer, typically for up to six years (in three-year increments). The visa is tied to your employment, so changing employers or losing your job can affect your immigration status.

Marrying a U.S. Citizen: What Changes?​

When an H-1B visa holder marries a U.S. citizen, they become eligible to apply for a green card (lawful permanent resident status). The process of applying for a green card through marriage involves filing several forms with U.S. Citizenship and Immigration Services (USCIS), including an I-130 Petition for Alien Relative and an I-485 Application to Adjust Status.
An immigration lawyer can assist with the entire process, ensuring that the forms are filled out correctly and filed on time. Mistakes in paperwork can lead to delays or even denials, so professional legal help is highly recommended.

Impact on Employment​

1. Maintaining H-1B Status During the Green Card Process

While your green card application is being processed, you can continue to work in the U.S. under your H-1B status. Marrying a U.S. citizen does not immediately affect your H-1B visa, and you can keep working for your H-1B employer until your green card is approved. The H-1B visa is independent of your marriage, so your work status remains unchanged during the transition.

1. Work Authorization: Employment Authorization Document (EAD)

Once you submit your green card application, you can apply for an Employment Authorization Document (EAD) by filing Form I-765. The EAD allows you to work for any employer in the U.S., giving you greater flexibility in your career. This is an important benefit for H-1B holders who may want to switch jobs or start a new career during the green card process.
Typically, the EAD is issued within 3-6 months after filing the I-485 adjustment of status application. Once you receive the EAD, you are no longer restricted to your H-1B employer and can legally work for any U.S. employer.

1. Changing Employers or Losing Your Job

If you lose your job or decide to change employers during the green card process, your H-1B status will be affected. However, once you have applied for an EAD, you are not dependent on your H-1B visa for employment. The EAD provides the flexibility to work freely without the need for employer sponsorship, which is a major advantage for H-1B visa holders who marry U.S. citizens.
If your EAD is delayed, it’s crucial to consult an immigration lawyer to explore your options and avoid any gaps in employment authorization.

When to Seek Legal Help​

Navigating the immigration process can be complicated, especially when transitioning from an H-1B visa to green card status through marriage. An immigration lawyer can provide clarity on:

• The timeline for your green card application
• How to maintain your legal status during the process
• Potential complications related to your employment status

By working with a skilled immigration lawyer, you can ensure that your application is filed correctly and that you remain legally authorized to work in the U.S. throughout the process.

In conclusion, marrying a U.S. citizen while on an H-1B visa opens the door to permanent residency and offers more flexibility in terms of employment. However, the transition from an H-1B visa to a green card involves several legal steps, and the help of an experienced immigration lawyer can make the process smoother and more efficient.

 

[Swagatusa]

1. Termination of H-1B:
No, your H-1B status won’t automatically be terminated upon marriage. However, once you file for Adjustment of Status (AOS) and your I-485 is pending, the H-1B status can become secondary since your immigrant petition will now be processing under your spouse's U.S. citizen status.

2. Work Authorization during I-485 Review:
While your I-485 is pending, you can still work with your H-1B, provided it's valid. If it expires or is terminated before your I-765 (EAD) is approved, you won’t be authorized to work until you receive the EAD, unless you have other valid work authorization.

3. Options if H-1B is Terminated Before EAD:
If your H-1B status is terminated before your EAD is approved, you would need to stop working unless you receive your EAD. You can also explore other temporary work visa options, though typically, people wait for the EAD approval to continue employment legally.