When can someone on a work visa get another job? 2 Answers as of June 08, 2011

My friend came to the states 5 years ago on a work Visa, which has expired. He got married & is preparing his papers to apply for his green card. His current employer (who is not the sponsor of his expired Visa) is not treating him fairly (nor his coworkers) so he is wondering if he would be eligible to find a different job? Also, if he files his papers with an expired Visa, can he be deported?

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Your friend cannot work legally in the U.S. until he has filed his application for the green card and receives work authorization. I don't understand what you mean by filing papers with the expired visa. When he applies for his green card based on his U.S. citizen spouse, he must tell them how he came in and produce the visa and the I-94. If he is otherwise admissible, there should not be a problem.
Answer Applies to: Virginia
Replied: 6/8/2011
Fong & Associates
Fong & Associates | William D. Fong
He can work as soon his new employer has an approved petition or when he gets the work authorization (EAD) from his spouses filing.
Answer Applies to: Texas
Replied: 6/8/2011
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