H1b and Marrige

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Old May 4th 2005, 7:22 pm
  #1  
bcampbell20
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Default H1b and Marrige

I am a US Citizen, my fiance is here on an H1b. We are getting married
in 2 weeks. She lost her job yesterday. What I'm trying to find out is
once we get married and immediately file her forms for green card can
she start working? We need her income and it would be really hard for
us to wait while her status is being changed.

Also, is there an official "grace period" once you are laid off or
fired from your H1b sponsor?
 
Old May 4th 2005, 7:44 pm
  #2  
Lucy
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Default Re: H1b and Marrige

<[email protected]> wrote in message
news:[email protected] ups.com...
    > I am a US Citizen, my fiance is here on an H1b. We are getting married
    > in 2 weeks. She lost her job yesterday. What I'm trying to find out is
    > once we get married and immediately file her forms for green card can
    > she start working? We need her income and it would be really hard for
    > us to wait while her status is being changed.

She can start working when she gets her EAD (you'll apply using form I-765
with the I-130 and I-485 once you are married).

    > Also, is there an official "grace period" once you are laid off or
    > fired from your H1b sponsor?

No. She will be out of status until her AOS application has been filed.

Lucy
 
Old May 4th 2005, 11:13 pm
  #3  
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Default Re: H1b and Marrige

So is being out of status "bad" what does it mean? She is only going
to be without work (off her visa) for a few weeks.
 
Old May 5th 2005, 1:33 pm
  #4  
Lucy
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Default Re: H1b and Marrige

<[email protected]> wrote in message
news:[email protected] ups.com...
    > So is being out of status "bad" what does it mean? She is only going
    > to be without work (off her visa) for a few weeks.

Technically, it means she will be illegal, but under the circumstances, I
don't expect it to be a big issue. She entered the country legally, so
provided that she doesn't leave the country again, she should be OK. Just
make sure to be honest when you are filling out her AOS forms. Things of
this nature are generally forgiven, whereas lying to the USCIS would be a
very bad thing.

Lucy
 

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