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Engaged on H1-B, need EAD

Engaged on H1-B, need EAD

Old Nov 3rd 2002, 7:31 pm
  #1  
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Default Engaged on H1-B, need EAD

Hi,

I've just got engaged to a US citizen and I've been told by the lawyers used by my employer that I need to apply for an EAD.

Could someone please tell me what my eligibility catagory is on form I-765. My H1-B expires in April next year - I will then have been in the US for 6 years.

Any help is greatly appreciated.

Thanks, John
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Old Nov 4th 2002, 5:36 pm
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if i understand it right, your H1B visa will expire. Than you can not work anymore. You also have to leave the country, when your H1b expires. You can not stay and you can not apply for EAD. This changes, when you marry your Boyfriend and file for adjustment of status. But as long as you are not married, you can't do anything
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Old Nov 4th 2002, 7:28 pm
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Default marriage, H1-B and EAD

Yvonne,

Many thanks for your reply to my query. You are exactly right - once my H1-B expires in April, 2003 then I have to leave the US. However, I intend to get married just before Christmas - do you think this will leave me with enought time, 3 and half months, for my application for a change of status (EAD) to be processed.

Thanks again for your help.
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Old Nov 4th 2002, 9:46 pm
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well, I am also filing for change of status and I called the nebraska service center (wich has to process my case) about the processing time. They told me, it will be approximately 4 month. (I think, rather more).

But you can file change of status and for EAD at the same time. If they fail to issue the EAD after 90 days, you can get an interim EAD right away at your local INS Office. So, you should be fine, if you still have 3.5 months!!!
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