At the mo I have an H1-B valid until 2005. When I get married next year, I assume I shall still be allowed back in on my H1-B and then will just apply for AOS to a permanent resident?
Will I still be allowed to work while applying? And do you get the benefits of a PR as soon as you apply - ie. can do any job - or just when you actually GET the green card?
Sorry, am going to get a lawyer, but any questions I can get answered by you lot for free.... grin
Cheers
Stel.
On 2003-03-29 14:25, stelesque wrote:
At the mo I have an H1-B valid until 2005. When I get married next year, I assume I shall still be allowed back in on my H1-B and then will just apply for AOS to a permanent resident?
Will I still be allowed to work while applying? And do you get the benefits of a PR as soon as you apply - ie. can do any job - or just when you actually GET the green card?
Sorry, am going to get a lawyer, but any questions I can get answered by you lot for free.... :grin:
Cheers
Stel.
If you want to work for another company, you will have to obtain an Employee Authorization Document (EAD), but this shouldn't be a problem.
On 2003-03-29 14:25, stelesque wrote:
At the mo I have an H1-B valid until 2005. When I get married next year, I assume I shall still be allowed back in on my H1-B and then will just apply for AOS to a permanent resident?
Will I still be allowed to work while applying? And do you get the benefits of a PR as soon as you apply - ie. can do any job - or just when you actually GET the green card?
Sorry, am going to get a lawyer, but any questions I can get answered by you lot for free.... :grin:
Cheers
Stel.
Stel, as long as your HIB is valid there should be no reason why you can't carry on working because you got that HIB off your own back.
As I understand from applying for AOS, you get your EAD before your greencard, which gives you the ability to change your job, but this can take a while to come through at the minute. I am pretty sure you have to wait for your EAD before you can change your job, though.
As I understand from applying for AOS, you get your EAD before your greencard, which gives you the ability to change your job, but this can take a while to come through at the minute. I am pretty sure you have to wait for your EAD before you can change your job, though.
In some BCIS offices, you can walk-in and get your EAD the same day, but in New Jersey, you have to post in your application and they will send you and appointment. It takes up to 3 months :eek: , so definitely something to plan ahead.
Most people file for an EAD (and advance parole) at the same time as their AOS, but you do not need this with your H1B unless you want to switch jobs.
Well, I am hoping to switch at some point in the future - by the time we get married I'll have been there for 3 1/2 years.
Thanks for the advice.
Stel.
Yep, you'll have to switch fairly soon. Your H1B will expire at the 6 year point. You should allow 2 years for the AOS to be processed, so it's a good idea to file at around the 4-year point. If you do this, and still work for your petitioning employer, you won't need to bother with EAD and AP.
Stel - just curious as to why you'd need a lawyer? I know someone who married his wife here whilst on a visa waiver. He sent in his application ( a few years after his visa expired etc) and was approved with no trouble.
Zed
Errr.... just thought it would be better really, they seem to get stuff done in half the time it would take me.
My boss paid for one when we got my H1-B and it was so easy! I just thought it would make the process faster. We really want me to be able to switch jobs or get a weekend/evening job ASAP after the wedding, as we're still saving for the house deposit...
On 2003-03-30 21:32, stelesque wrote:
Errr.... just thought it would be better really, they seem to get stuff done in half the time it would take me.
My boss paid for one when we got my H1-B and it was so easy! I just thought it would make the process faster. We really want me to be able to switch jobs or get a weekend/evening job ASAP after the wedding, as we're still saving for the house deposit...
Will the boss pay for the change of status/lawyer? If not could it not run into a few hundred if not thousand of $$$. Just thinking along the lines that it may take just as long doing the work yourself and you still get to keep the $$$.
I think my friends took all in all of three months. It consisted of him filing, having medical procedure (check up), interview, approval and green card.
Good luck with whatever you decide to do.
Zed