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Immigration Issues/H1B married to American Citizen

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Question
Hi! I'm on H1B working here in US and I recently got married to an American Citizen. My current H1B is expiring this Nov 18, 2011 and we already filed for an EAD and I-485 and received a receipt dated Sept 6. Could I continue to work with my current employer after the expiration of my H1B on Nov. 18 without receiving my approved EAD and I-485? thanks

Answer
Hi,

You must discontinue your employment between Nov. 18 until EAD is issued. Failure to do so will be a violation of the immigration laws.

You could ask your employer to file an extension of your H1B status no later than Nov. 18. If so, you could continue to be employed after Nov. 18 without interruption, as under H1B portability rules you can be employed based upon the filing of an H1B petition requesting extension of your status; you are not required to wait until approval.

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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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