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E2 to Green Card via Marriage

E2 to Green Card via Marriage

Old Sep 9th 2020, 4:33 pm
  #1  
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Default E2 to Green Card via Marriage

Hi - long time lurker here.....
I am currently here on a company sponsored E2 visa which expires April 2021 and have just last week filed all the required paperwork having recently married my US Citizen girlfriend.
Things are not going that well at work and I'm trying to get clarification on what my situation is regarding my presence here in the US. If i recall correctly, once USCIS confirm receipt of the paperwork (I know they received it last week, but have not heard anything from them) I am okay to stay here (but be land locked until completion) even if I leave the company. Where does this leave me in regards to being able to work for a different company ?
All advice appreciated.
Thanks.
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Old Sep 9th 2020, 4:35 pm
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Default Re: E2 to Green Card via Marriage

Hopefully you filed for EAD and with that you can work elsewhere.
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Old Sep 9th 2020, 4:58 pm
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Default Re: E2 to Green Card via Marriage

Originally Posted by Boiler
Hopefully you filed for EAD and with that you can work elsewhere.
Um, no I didn't file that along with the I-485 etc.. Looking into it now, thanks.
(I'm guessing you, by not saying anything, are saying my previous comments were correct about me being able to stay in the US?)
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Old Sep 9th 2020, 5:00 pm
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Default Re: E2 to Green Card via Marriage

Originally Posted by MtbbikeVanlife
Um, no I didn't file that along with the I-485 etc.. Looking into it now, thanks.
(I'm guessing you, by not saying anything, are saying my previous comments were correct about me being able to stay in the US?)
EAD and AP is currently 'free' but things are changing, NOA from filing is what you show in the unlikely event you are asked. EAD and AP can take some time to come through.
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Old Sep 9th 2020, 5:09 pm
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Default Re: E2 to Green Card via Marriage

Boiler - appreciate the quick replies - thanks.

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Old Sep 9th 2020, 5:11 pm
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Default Re: E2 to Green Card via Marriage

There is an expedite option but discretionary, something to bear in mind if the job does crash and burn.
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Old Sep 9th 2020, 5:55 pm
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Default Re: E2 to Green Card via Marriage

If you go ahead and submit the I-765 and I-131 for EAD and AP now, there is no fee. You can include a copy of your submitted I-485.

Once you have your EAD in hand, you can work for any employer.

Yes you are allowed to stay in the USA.

Rene
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Old Sep 9th 2020, 7:20 pm
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Default Re: E2 to Green Card via Marriage

Thanks for clarifying Rene.
Just waiting for the I-765 from USCIS !
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Old Sep 9th 2020, 7:48 pm
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Default Re: E2 to Green Card via Marriage

I-765 is the form to fill out for the EAD. What is it that you are waiting for?

Rene
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Old Sep 9th 2020, 7:51 pm
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Default Re: E2 to Green Card via Marriage

Ugh, sorry - I-797c....
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Old Sep 9th 2020, 9:07 pm
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Default Re: E2 to Green Card via Marriage

Originally Posted by MtbbikeVanlife
Ugh, sorry - I-797c....
You can still apply for the AED and AP while waiting for the I-797c.

Rene
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Old Sep 9th 2020, 10:14 pm
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Default Re: E2 to Green Card via Marriage

Originally Posted by Noorah101
You can still apply for the AED and AP while waiting for the I-797c.

Rene
I would not delay as the new fees come in on October 2nd and although the I-485 fee drops by $20, the EAD (I-765) and AP (I-131) will then add total of $1075 as opposed to the inclusive $1140 you have just paid
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Old Sep 11th 2020, 12:07 am
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Default Re: E2 to Green Card via Marriage

Originally Posted by Noorah101
If you go ahead and submit the I-765 and I-131 for EAD and AP now, there is no fee. You can include a copy of your submitted I-485.

Once you have your EAD in hand, you can work for any employer.

Yes you are allowed to stay in the USA.

Rene
Not 100% true, it would probably be better to say any employer who could employ the OP on a visa and probably a GC, but certain jobs are restricted to USC, so the OP could not be allowed to be employed for one of those with an EAD .

Last edited by tht; Sep 11th 2020 at 12:11 am.
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Old Sep 11th 2020, 11:31 am
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Default Re: E2 to Green Card via Marriage

I think that's really unnecessarily nitpicking.

You can in fact work for any employer, there are no restrictions on who you can work for, the restrictions you mention would come from the prospective employer and or/role rather than from the OPs immigration status.
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Old Sep 11th 2020, 2:42 pm
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Default Re: E2 to Green Card via Marriage

You haven't mentioned this form but it hoped that your wife filed the I-130 for you at the same time as you filed the I-485.
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