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George13

H1B Visa to Green card

By George13 in Direct Consular Filing (DCF) General Discussion

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George13 Newbie

George13   0

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Hello, 

 

I’m currently in the US with H1B visa and i'm getting married to an American citizen this month (March, 2021) and planning of applying for AOS immediately since my H1B visa expires in September and I want to get the WP to keep working to support my self. My question is, after I apply and while waiting for the WP can I keep working even if I haven’t get the WP after September? I asked a lawyer during a consultation and he told me that once I get the receipt from the application it shouldn’t be a problem to keep working even if I haven't get the WP yet since I applied for it and I'm married to an American citizen. 

 

Thank you in advance for any answers. 

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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6 minutes ago, George13 said:

Hello, 

 

I’m currently in the US with H1B visa and i'm getting married to an American citizen this month (March, 2021) and planning of applying for AOS immediately since my H1B visa expires in September and I want to get the WP to keep working to support my self. My question is, after I apply and while waiting for the WP can I keep working even if I haven’t get the WP after September? I asked a lawyer during a consultation and he told me that once I get the receipt from the application it shouldn’t be a problem to keep working even if I haven't get the WP yet since I applied for it and I'm married to an American citizen. 

 

Thank you in advance for any answers. 

No.  If your current work authorization has expired before receiving your new authorization,  you would need to stop

YMMV

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Crazy Cat Grand Master

Crazy Cat   41,851

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27 minutes ago, George13 said:

he told me that once I get the receipt from the application it shouldn’t be a problem to keep working even if I haven't get the WP yet since I applied for it and I'm married to an American citizen. 

That is incorrect.  You need APPROVAL, not a receipt for the submission of the I-765.  Marriage to a US citizen, in itself, confers no immigration rights or work authorization.  I would steer clear of that attorney.

Edited by Lucky Cat

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SusieQQQ Grand Master

SusieQQQ   11,586

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The attorney seems to be working on the basis that there is no sanction for working illegally as a spouse of USC, rather than what you are actually legally allowed to do. I’d steer clear of dodgy attorneys like that. Also if you are currently working on H1B then presumably you have an employer who also requires proof of legal working status anyway, and they will require an actual EAD.

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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3 minutes ago, George13 said:

Thank you for all the replies! That’s really helpful. Does anyone know of how long it take to get the work authorization after you apply? 

Seems to be taking around 8 months these days.

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