I am an H-1 right now and planning to go back to school. My wife got her GC a month ago and mine was transferred to local INS (as her spouse). After school, say 1 year later, can I work only based on my wife's permernant resident status or I have to re-apply H-1? Thanks.
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Urgent, Can spouse of GC holder work without other immigration status. Thanks.
- Thread starter dupi
- Start date
The mere fact that your wife got a GC does not give you any rights to either work or stay in the U.S.
If your GC application is rejected after your H1 has expired, I think you'll need to leave the country and try to re-apply for a new H1-visa from abroad.
If your GC application is rejected while your H1 status is still valid, you will also have other options:
a) you can apply for H1 extension or H1 transfer to another employer
b) you can have your employer file I-140 immigrant petition on your behalf (which can now be filed concurrently with I-485)
c) you could try to apply for a change of status to another non-immigrant category, such as F-1. This is somewhat problematic since by having applied for a GC in the past you have demonstrated "immigrant intent"
The bottom line is: do not allow your H1 status to expire while your I-485 is pending. The bright spot, however, is that very few I-485 applications are rejected these days.
If your GC application is rejected after your H1 has expired, I think you'll need to leave the country and try to re-apply for a new H1-visa from abroad.
If your GC application is rejected while your H1 status is still valid, you will also have other options:
a) you can apply for H1 extension or H1 transfer to another employer
b) you can have your employer file I-140 immigrant petition on your behalf (which can now be filed concurrently with I-485)
c) you could try to apply for a change of status to another non-immigrant category, such as F-1. This is somewhat problematic since by having applied for a GC in the past you have demonstrated "immigrant intent"
The bottom line is: do not allow your H1 status to expire while your I-485 is pending. The bright spot, however, is that very few I-485 applications are rejected these days.
Thanks a lot for your useful comments, baikal3.
I have some further questions.
If my green card application is rejected by the local INS, may I appeal? If I can, during the appeal, do I have the right to work based on my EAD?
I may not stay all the time with my wife if I am going back to school. My lawyer told me that staying all the time together is the requirement for me to get green card on marriage basis. Is that true? Thanks.
I have some further questions.
If my green card application is rejected by the local INS, may I appeal? If I can, during the appeal, do I have the right to work based on my EAD?
I may not stay all the time with my wife if I am going back to school. My lawyer told me that staying all the time together is the requirement for me to get green card on marriage basis. Is that true? Thanks.
These are questions beyond my expertise, you really need to talk to a lawer about these issues.
I know that it is possiible to appeal the denial of any case, in particular I-485. There is a pretty short time period for doing that and you would definitely need lawer's help.
I don't know for sure what happens to EAD if the underlying case is rejected. I vaguely remember reading somewhere that INS will send you a letter asking to state the reasons, if any, why EAD should not be revoked.
I would guess that having a pending appeal would qualify as such a reason. But, again, you need to talk to a good lawer about this.
I know that it is possiible to appeal the denial of any case, in particular I-485. There is a pretty short time period for doing that and you would definitely need lawer's help.
I don't know for sure what happens to EAD if the underlying case is rejected. I vaguely remember reading somewhere that INS will send you a letter asking to state the reasons, if any, why EAD should not be revoked.
I would guess that having a pending appeal would qualify as such a reason. But, again, you need to talk to a good lawer about this.