ralgex

I am currently in the US on a K1 visa but a friend has asked me for some advice.....

Mt friend is on a H1B and is thinking about getting married to her boyfriend. I guess my advice to her would be to get married and then change her status? (i believe this is a K3 visa?) But if she does it this way, will she have to stop work at any point while she is waiting adjustment of status?

She lives and works in NY.

Does anybody have experience of a similar situation and could tell us the best way to proceed?

Many Thanks

waitingforAOS

She does not have to stop working, she files directly for I130 and I485. I had done the same. She can get married here on H1 and file for AOS. Once she gets her EAD she has the choice to inform her employer that she will work on EAD or keep the EAD and if need be, hunt and use it for other job. She should be good to go. But, once she uses her EAD, her H1 becomes null and void irrespective of the expiration date and if at any stage she needs to go back on H1B, it will be a fresh new petition.

ralgex

Thanks for the advice - i shall let her know and bring her attention to this site.

Mrtravelkay

ralgex wrote:

    > Originally posted by waitingforAOS
    >
    >>She does not have to
    >
    > stop working, she files directly for I130 and I485. I had done the same.
    > She can get married here on H1 and file for AOS. Once she gets her EAD
    > she has the choice to inform her employer that she will work on EAD

Of course, there is no requirement for her to file for the EAD as she
can still work on the H1 until the AOS. When AOS is approved, she will
no longer have the H1 and will work as a permanent resident.

bao-long

One benefit of remaining under H1-B is that one should be able to travel without AP. However, some argue about this fact and say that it only applies to the H1-Bs getting a GC sponsored by the employer and therefore via a Service Center and not a local office...

c

Hi! I'm actor Troy McClure. You may remember me from such threads as
'Re: advice for current H1B' and 'bao-long: tasty but deadly.'

    >One benefit of remaining under H1-B is that one
    >should be able to travel without AP. However, some argue about this fact
    >and say that it only applies to the H1-Bs getting a GC sponsored by the
    >employer and therefore via a Service Center and not a local office...

To add a single data point to that argument: I myself travelled in and
out of the country frequently under my H1-B while pending AOS based on
marriage. Never once had a problem.

Cheers,

Marco