Legal Question in Immigration Law in California

Employement Authorization while pending i-130

Hi,

I used to be on F1 student visa. About 10 months before my OPT exired I got married to a green card holder and filed an I-130 application.

Given my previous status, I was wondering if I had any options of acquiring and EID before my I-130 application is approved.

Thanks.


Asked on 3/10/05, 5:02 pm

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Employement Authorization while pending i-130

Filing I-130 (based on marriage with green card holder) alone does not give you any authorization to stay or work in the US.

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Answered on 3/10/05, 5:20 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Employement Authorization while pending i-130

You need to apply for H1b and preferably stay in status independent of I-130 for next three years or until your wife becomes US Citizen. if you fall out of status..you still can adjust after your wife becomes US citizen...but in between you can be deportable.

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Answered on 3/10/05, 5:45 pm


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