Will I still be allowed to work after my H1b expires and my green card through marriage is being processed? 9 Answers as of March 11, 2014

Hi. I am a French citizen working under an H1B visa. My partner and I just got married a few days ago. My h1b expires in December 2014. We would like to start the process of the green card application. If the process takes longer than expected, am I still allowed to work under my H1b after December 2014 knowing that I am in the green card process? What are my options? Thank you for your help.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You can apply for an employment authorization document EAD as part of the application to adjust status to permanent residence on the basis of marriage and that will take the place of your H-1B if the H-1B is expired, as an interim employment document until the green card is approved. However, if you apply now for your adjustment of status, you should get your green card, barring any unforeseen circumstances, within about 4-6 months.
Answer Applies to: California
Replied: 3/11/2014
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
To do it right, you should file Form I-130 immigrant petition together with Form I-485 Application to Adjust Status, Form I-765 Application for Work Authorization, and Form I-131 Application for Travel Document. USCIS must issue work authorization within 90 days from the date of receiving your documents - unless they adjudicate your entire case before that date. So, even though you cannot legally work under H1B after it expires, you can have a valid employment authorization if you file the application packet more than 3 months prior to the expiration of your H1B status.
Answer Applies to: New York
Replied: 3/11/2014
Law Office of Adebola Asekun | Adebola O. Asekun
If your partner is a US citizen, and assuming you are qualified to adjust, you should concurrently file your I-765 work authorization with your I-130 petition and I-485, so that even if your H1b visa has expires, the work authorization filed with your I-485 allows you to continue to work while the I-485 is pending. The work authorization in this instance is usually approved within 90 days of filing your I-485 application.
Answer Applies to: New York
Replied: 3/10/2014
Law Office of Michael McVicker
Law Office of Michael McVicker | Michael A. McVicker
At the same time that you apply for U.S. Permanent Residency based upon marriage to a U.S. citizen, by having your U.S. citizen spouse file an I-130 Immigrant Petition for you while you file an I-485 Application for Permanent Residency, you can simultaneously file and I-765 Application for Employment Authorization, which the USCIS should process within 90 days of receipt, based on federal regulations. Hence, given that it is currently March 2014 and your H-1B status is valid until December 2014, about nine months from now, you should have plenty of time if you move forward and file the required petition and applications promptly, to have your I-765 Application approved by the USCIS and receive an Employment Authorization Document Card (usually referred to as a "EAD Card") from the USCIS, valid for one year, that you can use in order to prove to a U.S. employer your continuing eligibility to be legally employed in the United States. Your employment authorization will be renewable on an annual basis. You should file your new I-765 Application, for a renewal of your employment authorization, between 120 days and 90 days before your first EAD card expires, if the USCIS still has not approved your I-485 Application and granted you U.S. Permanent Residency by then. However, at the present time, in terms of average USCIS processing times, in most cases an application for U.S. Permanent Residency based upon being married to a U.S. citizen will be processed and approved by the USCIS within less than one year of the date the application was filed.
Answer Applies to: Virginia
Replied: 3/10/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You will not be able to work without authorization. As part of the green card process, you can request an employment authorization card.
Answer Applies to: New York
Replied: 3/7/2014
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    When you filed the I-130 and I-485 to get your green card, filed also for EAD so you can work.
    Answer Applies to: Michigan
    Replied: 3/7/2014
    Coane and Associates
    Coane and Associates | Bruce Coane
    Normally, if you submit the paperwork for your green card and work permit in the next month or two, you'll have the work permit way before December, and then you can work under the work permit and not worry about the H-1B. On the other hand, if you have a chance to extend the H-1B while the marriage case is pending, it's not a bad idea to maintain that underlying H-1B status until the green card marriage case is finally approved.
    Answer Applies to: Texas
    Replied: 3/7/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    The process should only take about 3 months from start to finish (with the right immigration attorney).
    Answer Applies to: California
    Replied: 3/7/2014
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