H1B immigrating through USC spouse

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vshankar

Registered Users (C)
Hi,

My husband recently became a US citizen and I am a H1-B holder (H1 valid until Feb 2007). I plan to apply for a green card through him. My understanding after going through the forms etc is that I do not have to apply for EAD. Is this correct? Anyone who has done this before please advise.


Thanks.
 
vshankar said:
Hi,

My husband recently became a US citizen and I am a H1-B holder (H1 valid until Feb 2007). I plan to apply for a green card through him. My understanding after going through the forms etc is that I do not have to apply for EAD. Is this correct? Anyone who has done this before please advise.


Thanks.
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EAD gives you the freedom to work for any employer and any number of employers unlike H1B. You could start your own company and conduct business. If you are happy with your H1B situation, you could stay on it as long as it is valid. You can still apply for EAD and continue to work on H1B. This way, if your H1B lands in trouble, you have the safety net of switching over to the EAD right away. You have to remember this... once you use your EAD, your H1B would be cancelled. Ultimately, its your decision to apply for EAD or not.
 
H1B immigrating through USC spouse Reply to Thread

I had the similar experience. I will suggest to obtain your EAD. The BCIS appreciates the fact that you have an H1-B visa before being married. However, getting your EAD while you are on H1B is a proof of full honesty and this is an important factor if you have an inerview in order to remove the conditions (2 year anniversary). Do not forget that since 2003, the BCIS considers that ANY person applying for a permanent residency thru marriage MUST prove his/her good faith (married or divorced). Any honest position if an asset.
 
antoine said:
I had the similar experience. I will suggest to obtain your EAD. The BCIS appreciates the fact that you have an H1-B visa before being married. However, getting your EAD while you are on H1B is a proof of full honesty and this is an important factor if you have an inerview in order to remove the conditions (2 year anniversary). Do not forget that since 2003, the BCIS considers that ANY person applying for a permanent residency thru marriage MUST prove his/her good faith (married or divorced). Any honest position if an asset.
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:confused: :confused: :confused: :confused: Can you pl explain how getting EAD while on H1 proves good faith marriage and help in removing the conditions on the conditional green card?
 
Thanks for the info. However, how is it "more honest" to apply for EAD while I am on H1-B? USCIS web pages seem include H1-Bs in the category of people that don't require an EAD. My H1-B itself is an authorization to work, as long as it is valid. Can you please clarify?

I do see the point about the EAD coming in handy if my H1-B expires while the green card application is in process.

Thanks very much for the response.
 
vshankar said:
Thanks for the info. However, how is it "more honest" to apply for EAD while I am on H1-B? USCIS web pages seem include H1-Bs in the category of people that don't require an EAD. My H1-B itself is an authorization to work, as long as it is valid. Can you please clarify?

I do see the point about the EAD coming in handy if my H1-B expires while the green card application is in process.

Thanks very much for the response.
Click to expand...

Think of it this way... If you lose your job, you lose your H1, in that case the EAD would help you getting a job easier without having to worry about filing for a new H1.
 
ari4u is correct. The only situation you would be concerned is if you quit or lose your job. Then you would be out of status which is not a good thing. EAD can help just as a precaution but costs money. Also in some cases USCIS is not processing the EAD if the GC is approved faster then EAD processing.
 
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