Bass Cadet

Hi...apologies if this has been posted before. Couldn't find enough information in the search tool.

Basically I am on an F-1 visa. I have been for the last 5 years. I am completing my Post completion practical training and my visa ends in mid July 2014.

I met my fiance in grad school and we have decided to get married. Although we have been friends for five years, we have only been dating for a year.

My question is, when we get married can I extend my current EAD without having to stop working with my current employer? We applied for the H1-B but I wasn't successful in the lottery. I realize there is a 'change of status' application to go through but assuming we have everything together before my current visa runs out and submitted to USCIS, will I be able to continue work under my current EAD or will I have to apply for a new one/green card and possible have to wait three months or more?

Basically I'm hoping to find out if during the immediate spouse visa/greed card application do I have to give up my job assuming I can't extend my current EAD beyond July/August 2014?

Any advice greatly appreciated

Noorah101

No. You will need to apply for a new EAD after you get married. The EAD application is part of the Adjustment of Status process towards your green card. It takes about 60 - 90 days to get the EAD in hand after filing AOS, so plan accordingly if you don't want any gaps in your work authorization.

That's up to your employer, whether he wants to keep you employed you during any gap in your EADs.

Rene

Bass Cadet

Thanks for your reply. In that case there will more than likely be gaps in my eads. Can my employer still legally employ me while my new ead is being processed or do I have to stop work no later than the expiration date on my current ead? Will the fact that I've filed for AOS still entitle me to work legally?

Noorah101

No, simply filing AOS does not entitle you to work. For that you need an EAD.

It's up to the employer to keep you employed during the gap; I would discuss it with them.

Rene

Bass Cadet

Sorry, maybe I'm missing something obvious. I'm positive that my employer would like to keep me employed during the gap between EADs...but can they do so legally? Say for example, my current EAD runs out on August 10th and my new EAD isn't expected to arrive for another thirty days after that expiration date...can my employer keep my legally employed during that time? Thanks

augigi

No. As the post you quoted says, you need a valid EAD to be employed.

Noorah101

Not legally, no, but they might be willing to take the risk, since it's only a month. Chances are slim they would be found out, but if they are, they face a fine. USCIS will forgive your unauthorized work, though.

Rene

Bass Cadet

I see...thanks. I'll discuss it further with them and an immigration attorney