H1-B getting married - related questions

[Heads 0]

Hi,

I am currently a H1-B visa holder (just recently renewed for 3 years ) and I am planning to propose to my lady this year. We are also planning of moving from the East coast (DC) to California end of this year/early next year. As I will be leaving my job, my H1-B will no longer be valid.

I wanted to know what experiences other folks in a similar situation to myself who have had to change visa status and apply for employment authorization. Does anyone have any recommendations on how I should handle this?

Any information would be very much appreciated.

Thanks!

[Kathryn41 3,205]

Is your girlfriend a US citizen? If so, the obvious route would be for the two of you to get married and have her sponsor you as her husband to become a permanent resident. She would have to file the I-130 and I-485 after your marriage, along with an application for Employment Authorization. You can read more about the requirements at the pinned post that starts this particular forum. Your girlfriend/wife will also need to show she has income greater than 125% of the poverty level.

If she is not a US citizen, then it becomes a lot more complicated and you will have to look for other options. Good luck.

[Heads 0]

Thanks Kathryn.

Yes, she is a US citizen, and I'll take a look at the forums for more information as you suggested.

This does bring up another couple of questions. I plan to stay at my current employer until my Employment Authorization is completed, and then look for a job in California. Do I have to remain in DC (where I will make my application) unil the visa is approved, or can I move to California and take a different job?

Is your girlfriend a US citizen? If so, the obvious route would be for the two of you to get married and have her sponsor you as her husband to become a permanent resident. She would have to file the I-130 and I-485 after your marriage, along with an application for Employment Authorization. You can read more about the requirements at the pinned post that starts this particular forum. Your girlfriend/wife will also need to show she has income greater than 125% of the poverty level.

If she is not a US citizen, then it becomes a lot more complicated and you will have to look for other options. Good luck.

[ryncarr 0]

Heads,

It may be better if you stay with your employer, get married and apply for your I-130, I-485 and work authorization, so you can continue to work and maintain your valid status. Once you get your work authorization (EAD card), then you can go ahead and leave your employer and look for a job somewhere, as your EAD card is not employer dependent. You however lose your H1B status.

If however, you opt to leave your employer before you receive your EAD card, then you cannot work and must wait until your EAD card is approved.

I hope this helps.