H1B marrying a USC
#1
Forum Regular
Thread Starter
Joined: Mar 2008
Location: NYC
Posts: 222
H1B marrying a USC
did not find the answer to this in the wiki or through a search so thought I'd ask on behalf of a friend who's an H1B visa holder and just married a USC. She's being told by a lawyer she has to refile her H1B petition under her new name before even starting the whole marriage-based GC deal. Does this sound right? And what is the overall marriage visa/GC process for the next few years for an H1B holder currently employed in the US?
Last edited by wordfool; Jan 4th 2011 at 11:33 pm.
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: H1B marrying a USC
And what is the overall marriage visa/GC process for the next few years for an H1B holder currently employed in the US?
Ian
#3
Re: H1B marrying a USC
did not find the answer to this in the wiki or through a search so thought I'd ask on behalf of a friend who's an H1B visa holder and just married a USC. She's being told by a lawyer she has to refile her H1B petition under her new name before even starting the whole marriage-based GC deal. Does this sound right? And what is the overall marriage visa/GC process for the next few years for an H1B holder currently employed in the US?
Have your friend register here on BE so she can ask her adjustment of status questions directly, much better that way.
Rene
#4
Just Joined
Joined: Jan 2011
Location: Santa Monica, CA
Posts: 1
Re: H1B marrying a USC
Hi, I'm an H1B visa holder. I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband. That sounds really weird because, except for the name change, there's no changes to my H1B status (I'm still with the same company, doing the same thing and my H1B visa will only expire in the end of 2012). On top of that, I'm applying for a greencard through marriage, so why would I still have to worry about my H1B?
#5
Re: H1B marrying a USC
Hi, I'm an H1B visa holder. I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband. That sounds really weird because, except for the name change, there's no changes to my H1B status (I'm still with the same company, doing the same thing and my H1B visa will only expire in the end of 2012). On top of that, I'm applying for a greencard through marriage, so why would I still have to worry about my H1B?
You can always have a 1-time consultation with an immigration attorney to double check (use your own attorney, not the company one).
Rene
#6
Re: H1B marrying a USC
I agree with Ian and Rene. If you want to keep you company's attorney happy why not just continue to use your maiden name with the company?
Regards, JEff
Regards, JEff
Hi, I'm an H1B visa holder. I've just married an USC and I took my husband's last name. I was told by the company immigration lawyer that in order to update my status with USCIS I have to amend my H1B visa petition (file I-129 all over again) while filing I-130 and I-485 with my husband. That sounds really weird because, except for the name change, there's no changes to my H1B status (I'm still with the same company, doing the same thing and my H1B visa will only expire in the end of 2012). On top of that, I'm applying for a greencard through marriage, so why would I still have to worry about my H1B?
#7
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: H1B marrying a USC
Ian
#8
Forum Regular
Joined: Feb 2002
Posts: 39
Re: H1B marrying a USC
When I married my husband back in 2002 I was on an H1-B. All I did was apply for an adjustment of status. I think that was the I-130 and I-485 plus there's a form for a work card while they adjust your status and some other stuff. Just look up "adjustment of status" there are several places on the web that explain it. You may not be able to change your name on your SS Card and driver's license until after you receive your new work permit. Back when I did it they gave me the work permit the same day I filed all the forms last I heard they were taking a few months to process the work permit.
Also H1-Bs allow duel intent so as long as your H1-B doesn't expire before you get your adjustment of status work permit, there's no need to file for a new H1-B.
Also H1-Bs allow duel intent so as long as your H1-B doesn't expire before you get your adjustment of status work permit, there's no need to file for a new H1-B.
#9
Re: H1B marrying a USC
When I married my husband back in 2002 I was on an H1-B. All I did was apply for an adjustment of status. I think that was the I-130 and I-485 plus there's a form for a work card while they adjust your status and some other stuff. Just look up "adjustment of status" there are several places on the web that explain it. You may not be able to change your name on your SS Card and driver's license until after you receive your new work permit. Back when I did it they gave me the work permit the same day I filed all the forms last I heard they were taking a few months to process the work permit.
Also H1-Bs allow duel intent so as long as your H1-B doesn't expire before you get your adjustment of status work permit, there's no need to file for a new H1-B.
Also H1-Bs allow duel intent so as long as your H1-B doesn't expire before you get your adjustment of status work permit, there's no need to file for a new H1-B.
As far as the EAD (work permit) goes, they must statutorily issue it within 90 days of filing the application for the EAD, provided that you have submitted a valid AOS application.