H1 B and marriage to USC

B

bellevuewa7

Registered Users (C)
I have a friend who is in US on H1 that will expires at the end of June. She is engaged and planning to get married to a US citizen in May.

Once she is married and the application (the greencard & adjusment of status) have been sent to USCIS, can she stay in US legally even after her H1 visa expires? Is a month enough time for her to get the notice?

One other thing is, she will be working with a new employer once her current H1-B expires. She is still planning to apply for H1-B visa in April for start date in October, in case if her work permit get delayed.

Now after she send her new H1-B application in April, and get married to USC and apply for GC/AOS/EAD, what will happen to her H1-B application? Will it be automatically rejected since she will fall into the immigrant category?

She still wants to do the new H1-B in case her work permit from the marriage get delayed or if there is some problem with the GC application. Can she has H1-B visa and the work permit both together?

Thank you so much in advance.
 
Usally people get receipt notice withing a month but still a month is very short notice.
She can be use H1 to work after applying for GC as far as she don't use her EAD. Once she use her EAD, she can not use her H1 again.
 
Thank you for your reply.

But what do you mean by 'using EAD'?
Is it informing the USCIS or the employer of the EAD status?
Or is it automatically in place after she get it approved by USCIS?

Can she have two application pending at the same time (i.e. H1-B and GC/AOS/EAD through marriage) ? And once she got her EAD - her H1-B application can still get approved?

I just want to clarify it, thanks so much
 
You have to let your employer know that you want to work using your EAD. The H.R. of the company have to do some procedure for that. I am not sure what exactly they do. But my friend has worked on EAD.

Technically you can have 2 applications but still make sure with other members. I am not sure on this.
 
bellevuewa7 said:
I have a friend who is in US on H1 that will expires at the end of June. She is engaged and planning to get married to a US citizen in May.

Once she is married and the application (the greencard & adjusment of status) have been sent to USCIS, can she stay in US legally even after her H1 visa expires? Is a month enough time for her to get the notice?

One other thing is, she will be working with a new employer once her current H1-B expires. She is still planning to apply for H1-B visa in April for start date in October, in case if her work permit get delayed.

Now after she send her new H1-B application in April, and get married to USC and apply for GC/AOS/EAD, what will happen to her H1-B application? Will it be automatically rejected since she will fall into the immigrant category?

She still wants to do the new H1-B in case her work permit from the marriage get delayed or if there is some problem with the GC application. Can she has H1-B visa and the work permit both together?

Thank you so much in advance.
Click to expand...

she can have her H1B as long as she is not approved for I485 ( AOS)...remember that EAD is only a interim work permit to provide u an opportunity to work in this country while u r waiting for your status to be adjusted. So you friend CAN have a EAD and STILL WORK on H-1 while her 485 is pending.
Once the 485 is adjudicated, then H-1 automatically expires..because 485 means..."change of status".
Say for some reason if 485 or say 130 is rejected..she can continue here on H-1 as long as the H-1 is valid.

hope this helps.
 
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