Immigration Issues/H1B married to PR

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Question
I am a H1B holder and will get married in 2 weeks to my fiance who is a green card holder for 4 years. I'd like to know once my husband sponsors my green card application, what visa status of mine would be during the waiting time. If I quit my current job, can I apply for EAD card during the green card waiting time?

Also, he will apply for citizenship this June, should my green card application or EAD status be changed accordingly?

Thank you very much for the help.

Answer
Hi,

You would need to maintain valid independent nonimmigrant status if you marry a green card holder; in other words, there would be no immediate immigration benefit as it takes several years for visa availability which will allow you to adjust status to resident status in the U.S. Further information about visa availability is here: www.H1B1.com/sponsor.htm and www.H1B1.com/visawaiting.htm

Since you cannot apply for EAD waiting for visa availability (in other words, waiting for the priority date to be current), there is no particular advantage in being sponsored until your husband becomes a U.S. citizen.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com  

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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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