Immigration Issues/Change of Status

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Question
If a person has an expired H-1 visa, and now wishes to marry a green card holder, can he get a work permit?

Answer
Hi,

Upon marriage, an I-130 petition (petition for alien relative) can be filed by the green card holder spouse, but this does not allow the spouse currently on H1B status to obtain employment authorization document (also known as work permit). It will take several years for a visa to be available in the family second preference category before the spouse can file for adjustment of status (Form I-485), and the employment authorization application based on marriage can only be filed when the I-485 is filed.

The spouse cannot extend H1B status if it has expired. Note that even if the H1B visa stamp in passport has expired, the individual may currently be maintaining H1B status if there is an H1B approval notice and the I-94 has not yet expired.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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