Green card through marriage in NC

[niko7099]

Hi All,
I have been in the US for almost 5 1/2 yrs on H-1b. I have a girlfriend who is a US citizen, and am planning to get married soon as my h-1b is expiring.
I have heard rumors that after you get married you have to wait for 60 days before filing for EAD / green card, to avoid getting red flagged by INS.

Also, i have h-1b with my current employer. Lets say i get my GC EAD a few weeks after my h-1b expires. If i stop working for the company on the day my H-1b expires, can I still be a legal employee without pay until i get my EAD, or should the employer lay me off and re-hire me ? Or can I get start work as soon as i get my EAD. I work for a large company so they go through the process, so I want to see from a immigration point of view.

Whats the average lead time in getting a EAD in NC ?

Tks
NIko

 

[amishah]

Hi All,
I have been in the US for almost 5 1/2 yrs on H-1b. I have a girlfriend who is a US citizen, and am planning to get married soon as my h-1b is expiring.
I have heard rumors that after you get married you have to wait for 60 days before filing for EAD / green card, to avoid getting red flagged by INS.
You don't have to wait for filing once you are married to USC. You can file immidiately and once you received a receipt of your I-485, you don't have to maintain H1-b.
Also, i have h-1b with my current employer. Lets say i get my GC EAD a few weeks after my h-1b expires. If i stop working for the company on the day my H-1b expires, can I still be a legal employee without pay until i get my EAD, or should the employer lay me off and re-hire me ? Or can I get start work as soon as i get my EAD. I work for a large company so they go through the process, so I want to see from a immigration point of view.

Whats the average lead time in getting a EAD in NC ?

Tks
NIko

 

[NBC_June04]

You should wait for EAD. In general it's considered illegal if you work in the period between After visa expires and receiving the EAD. You should be either laid off for that period or re-hired after starting working with EAD. Basicly there shouldnt be a flow of taxes through your Social S# during that time.
I hear for first time about 60 days waiting before filing for AOS. Would you post the link. As far as I know you can file for AOS whenever you want after getting married.

 

[xalidag]

I have heard rumors that after you get married you have to wait for 60 days before filing for EAD / green card, to avoid getting red flagged by INS.

Apparently wrong. Don't believe everything you hear (for everything in general).

Also, i have h-1b with my current employer. Lets say i get my GC EAD a few weeks after my h-1b expires. If i stop working for the company on the day my H-1b expires, can I still be a legal employee without pay until i get my EAD, or should the employer lay me off and re-hire me ?

You shouldn't get paid during the blank time, that's for sure. Don't know if you can stay in employment or not. My FEELING says that it's ok to have a vacation while under employment.

Or can I get start work as soon as i get my EAD.

Yes. Why not?

I work for a large company so they go through the process, so I want to see from a immigration point of view.

I would trust what your company's lawyers would do, if your company is really big, prestigious, and international. They won't mess with the government, in general.

Good luck!

 

[xalidag]

You can file immidiately and once you received a receipt of your I-485, you don't have to maintain H1-b.

Just clarification: You don't have to maintain H-1B in order to stay in the U.S. legally, but you have to maintain H-1B in order to work legally until it expires.

 

[amishah]

Just clarification: You don't have to maintain H-1B in order to stay in the U.S. legally, but you have to maintain H-1B in order to work legally until it expires.

That is true. But if you get your EAD then you don't have to. I forgot to add this part. Am I wrong now??

 

[xalidag]

That is true. But if you get your EAD then you don't have to. I forgot to add this part. Am I wrong now??

You're right. Of course once you get the EAD you don't need H-1B. But while waiting for the EAD, your status is actually H-1B, even after you receive the receipt of I-485, right?