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H1B and marriga, still have H1B?

H1B and marriga, still have H1B?

Old Oct 13th 2002, 3:34 pm
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Default H1B and marriga, still have H1B?

I had H1B, then I got married. My boss wants to know if I still have H1B or not. What he must do as an employer? He wants to keep me on a job,but will I be a contractor or a regular employer or it is depend on us?
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Old Oct 13th 2002, 6:40 pm
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Default Re: H1B and marriga, still have H1B?

Hello,

You still have the H1B status. You do not loose your H1B status until you apply for adjustment of status (I-485/I-130). What "counts" is not the marriage to a US citizen, it is the time you file for adjustment of status.

The only concern that you might have is for re-entering the US after a travel abroad. I have heard from the person who deals with immigration at my place of work that the H1B visa is a non-immigrant visa, but it is one of the few ones where you can have the intend to immigrate. So, the re-entry in the US (being married to a US citizen) might not even be an issue, but that is something that you want to check.

As far as your boss is concerned, you can work just like before on your H1B. If you choose to adjust your status, my understanding is that you can keep working in your old status until you get your EAD, but this is something that you definitely want to check.

Caroline

Originally posted by samal1485:
I had H1B, then I got married. My boss wants to know if I still have H1B or not. What he must do as an employer? He wants to keep me on a job,but will I be a contractor or a regular employer or it is depend on us?
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Old Oct 13th 2002, 11:13 pm
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Default Re: H1B and marriga, still have H1B?

Originally posted by samal1485:
I had H1B, then I got married. My boss wants to know if I still have H1B or not. What he must do as an employer? He wants to keep me on a job,but will I be a contractor or a regular employer or it is depend on us?
Hi:

In 1974, the Board of Immigration Appeals ruled in Matter of Hosseinpour that filing for adjustment of status is not a violation of non-immigrant status. The case involved an F-1 student who had applied for AOS via marriage and continued to attend school.

However, if you travel abroad according to advance parole, you will then need an EAD from the INS.

BTW, in a strange way, if you get advance parole, but return on the pre-existing visa, a tight reading of the regulations whould suggest you are OK -- but I don't recommend that.
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