Legal Question in Immigration Law in California

Hi,

I am leaglly in the US on H1 work visa. I am married to a US citizen and she is not working.

My company will ask me to resign from the Job and cancel my H1 visa if i start processing my Green Card, that why i waited without starting the process.

is it possible for me to start my GC process and live in the US till i get EAD even though my company cancels my H1 visa?

How soon can i expect the EAD in hand once i start the process?

Any help is highly appretiated, Thanks

Thanks,

Sheril Sam


Asked on 8/24/10, 2:35 pm

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Sponsorship based on marriage is something where all paperwork is filed by your wife and yourself. The company is not involved and does not need to have any knowledge of this sponsorship.

In any event, all sponsorship paperwork including employment authorization application is filed concurrently, and you can remain legally in the U.S. upon filing irrespective of any actions taken by your company. Allow about 3 months after filing to be issued EAD.

It is also OK if your spouse is not employed as the affidavit of support can be filed by someone else as well who is a U.S. citizen or permanent resident.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 8/29/10, 3:08 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

You can submit your application for permanent residence immediately. You can live in the US legally even if your company cancels your H1 Visa. Your application for permanent residence is based on your marriage and has nothing to do with your employment. Once your application for adjustment of status if filed you should receive your EAD in about three months.

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Answered on 8/30/10, 2:12 pm


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