pejpm1

I'm moving to NY in April on an L1B Visa...my girlfriend of 3 years is a USC (we live in London) and is moving with me..we have no immediate plans to get married, but I'm sure we will in the future. If I'm in the States on an L1B visa, is it simply a case of marrying and then me applying to adjust my status? Would my L1B still be valid during this time? I.e. If I apply for adjustment of status, do I then need to file for work authoriazation or will I already have it by virtue of the L1B (presuming it hasnt expired)....if I do have to apply for work authorisation, does this then negate my L1B visa? Sorry, I know these are vague questions but what I'm basically asking is if I get married will I be able to keep working at my current employer, or will I have to stop work or leave the country?

Noorah101

You can just file for adjustment of status, and continue working for your same employer. You don't have to get an EAD if you don't want to switch employers.

Rene

Moving the thread to marriage-based forum.

neil

Your L1 will still be valid as long as you work for that employer. It might be worth getting the EAD just because you never know what might happen as it will be there as a backup while your change of status is being processed (I actually got head hunted while I was waiting for my EAD so was able to take the new job easily once it arrived).

pejpm1

Cool. So I can move over and work for my employer on my L1...one day I can get married, apply for AOS and EAD. Couple of questions...

Will my L1 will still be vaild throughout this time as long as I stay with my employer?

I can apply for the AOS and EAD and once I have my EAD I could potentially move away from my current employer while the AOS is still in process?

Obviously I understand that my L1b status is totally dependant on my employer. If I were to get married, how long would it be between marrying and getting my EAD? Also, how long until my status would be adjusted and have a green card?

One final question....would an employer be nervous about hiring someone with just the EAD but not a green card. In other words, even if I get EAD would I be better off waiting until I have a green card before seeking other employment?

Longy

This is what I did, yes your L1b will still be valid whilst adjusting status - it will be valid until it expires, you leave the job or you use the EAD.

The EAD should take about 90 days, can take longer, can take shorter, obviously this is after you send in the paperwork, so if you are in a rush its important to get as much of the paperwork together before you get married so you can send it off straight away.

Adjustment can take anywhere from a few months to years - all depends on name checks, but most people seem to get them within 6 months - mine took 5 months.

Not sure about employers being nervous as I never used my EAD, but as I understand things you don't need to tell them you only have EAD, as long as you are legally allowed to work then its not a problem.

neil

Ditto longy's comments. I didn't go looking for jobs and the guy who offered me a job knew exactly what my situation was as I had worked with him before while on the L1. I wouldn't have thought the EAD would cause a problem - they don't need to know until they hire you. In the interview process they may ask if you are authorised to work in which case you can say yes and I don't think you need to prove it until they actually hire you.

ian-mstm

It doesn't matter if the employer is nervous or not. With an EAD you are authorized to work in the US. Period. Except in the case of a job where being a PR is a bona fide requirement (and those jobs would usually be State- or Federal-related), *you* are the one who gets to choose what documents meet the requirements of the I-9. The employer gets no say in that at all. Further, an employer can *not* discriminate against you based solely on your not having a GC (except as noted above), and an employer can *not* discriminate against you based on some future expiration of your employment authorization. Indeed, a job application form (again, except as noted above) can *not* ask about your immigration status... it can *only* ask whether or not you are legally able to work in the US.

Ian

pejpm1

Wish it was like that here in London!

My gf is a usc and has been looking for a permanent job for ages. She has a visa that expires in Jan 09, but in August she would be eligible for the unmarried partner visa which would basically let her live her for as long as she wanted..but it hasnt done her any good. One employer told her outright that they liked her but didnt want to hire her because they couldnt guarantee that she could work here beyond a year...when she explained that she is eligible for the unmarried partner visa, she simply said 'well we cant hire someone in the hope that they dont split up with their boyfriend'....I was really pissed off about it, but what can you do? She's temping at the moment....