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EAD after marriage to US citizen

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EAD after marriage to US citizen

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Old Jun 24th 2002, 1:20 am
  #1  
A
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Default EAD after marriage to US citizen

I am H1 visa employee recently laid off. I am getting married to a US citizen in a
week. I have a job in hand, however I can't join it on H1 trasnfer as I might be out
of status. Provided I go the route of filing for GC and EAD after getting married to
US citizen.
1. Could I START WORKING even if the EAD is filed for, but not yet approved?
2. When I fill out the forms for GC (I-130), should I attach my I-94 number which is
still valid, although I might be out of status on that.

Any help would appreciated!
 
Old Jun 24th 2002, 3:20 am
  #2  
Andy Platt
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Default Re: EAD after marriage to US citizen

"A" <[email protected]> wrote in message
news:[email protected]...
    > I am H1 visa employee recently laid off. I am getting married to a US citizen in a
    > week. I have a job in hand, however I can't join it on H1 trasnfer as I might be
    > out of status. Provided I go the route of filing for GC and EAD after getting
    > married to US citizen.
    > 1. Could I START WORKING even if the EAD is filed for, but not yet approved?

No.

    > 2. When I fill out the forms for GC (I-130), should I attach my I-94 number which
    > is still valid, although I might be out of status on that.

Yes. Note that the rules on H-1B transfers are different from the rules on being out
of status. It's debateable whether you fall out of status before the expiry date on
your I-94 and INS have admitted that it's unclear themselves!

Andy.

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