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Work Authorization or Stay in the U.S

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  • Work Authorization or Stay in the U.S

    Hi,

    I recently got married and my Husband is already a greencard holder. he got his greencard 3 months back. I am on H1-B visa. If for some reason I get laid off for company takeover can I still stay in the U.S if my husband already applied for my greencard? Green card process will take 5 yrs. I know that there will be no work authorization if I am in that status. Whats the solution?

  • #2
    Hi,

    I recently got married and my Husband is already a greencard holder. he got his greencard 3 months back. I am on H1-B visa. If for some reason I get laid off for company takeover can I still stay in the U.S if my husband already applied for my greencard? Green card process will take 5 yrs. I know that there will be no work authorization if I am in that status. Whats the solution?

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    • #3
      Your husband filed I-130. Next step is I-485, but only when your priority date is current (almost 5 years as of today, or 7+ years if you are from Mexico). Having filed I-485 will allow you obtain EAD and AP and not rely on any nonimmigrant status to stay. Until then you must maintain your own nonimmigrant status in order to stay here lawfully.

      Check this out http://www.travel.state.gov/visa/frv...etin_2084.html

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      • #4
        Thank you. So you are saying, while I-485 is being processed I have to be maintain my own status? If I do get approved for EAD and AP how long before do I get it?

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        • #5
          The CIS has adopted a new way of processing I-130s for those who have to wait for a visa number. They won't be adjudicated until a visa number is available.

          http://uscis.gov/graphics/publicaffa...0_07_01_04.pdf

          Being a spouse of an LPR you can not file I-485, Employment Authorization, Advanced Parole until I-130 is approved which won't happen for a few years. If you fail to maintain lawful status filed/approved I-130 won't change your status from illegal to legal, only filed/approved I-485 will. Spouses of LPRs are not pardoned their illegal presence when adjusting status so if you filed I-485 while being illegal it most likely will be denied.

          Cheers.

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