Immigration Site

Hi All,
I have been in the US for almost 5 1/2 yrs on H-1b. I have a girlfriend who is a US citizen, and am planning to get married soon as my h-1b is expiring.
I have heard rumors that after you get married you have to wait for 60 days before filing for EAD / green card, to avoid getting red flagged by INS.

Also, i have h-1b with my current employer. Lets say i get my GC EAD a few weeks after my h-1b expires. If i stop working for the company on the day my H-1b expires, can I still be a legal employee without pay until i get my EAD, or should the employer lay me off and re-hire me ? Or can I get start work as soon as i get my EAD. I work for a large company so they go through the process, so I want to see from a immigration point of view.

Whats the average lead time in getting a EAD in NC ?

Tks
NIko

Hi All,
I have been in the US for almost 5 1/2 yrs on H-1b. I have a girlfriend who is a US citizen, and am planning to get married soon as my h-1b is expiring.
I have heard rumors that after you get married you have to wait for 60 days before filing for EAD / green card, to avoid getting red flagged by INS.
You dont have to wait for filing once you are married to USC. You can file immidiately and once you received a receipt of your I-485, you dont have to maintain H1-b.
Also, i have h-1b with my current employer. Lets say i get my GC EAD a few weeks after my h-1b expires. If i stop working for the company on the day my H-1b expires, can I still be a legal employee without pay until i get my EAD, or should the employer lay me off and re-hire me ? Or can I get start work as soon as i get my EAD. I work for a large company so they go through the process, so I want to see from a immigration point of view.

Whats the average lead time in getting a EAD in NC ?

Tks
NIko

You should wait for EAD. In general its considered illegal if you work in the period between After visa expires and receiving the EAD. You should be either laid off for that period or re-hired after starting working with EAD. Basicly there shouldnt be a flow of taxes through your Social S# during that time.
I hear for first time about 60 days waiting before filing for AOS. Would you post the link. As far as I know you can file for AOS whenever you want after getting married.

I have heard rumors that after you get married you have to wait for 60 days before filing for EAD / green card, to avoid getting red flagged by INS. Apparently wrong. Dont believe everything you hear (for everything in general).


Also, i have h-1b with my current employer. Lets say i get my GC EAD a few weeks after my h-1b expires. If i stop working for the company on the day my H-1b expires, can I still be a legal employee without pay until i get my EAD, or should the employer lay me off and re-hire me ? You shouldnt get paid during the blank time, thats for sure. Dont know if you can stay in employment or not. My FEELING says that its ok to have a vacation while under employment.


Or can I get start work as soon as i get my EAD. Yes. Why not?


I work for a large company so they go through the process, so I want to see from a immigration point of view. I would trust what your companys lawyers would do, if your company is really big, prestigious, and international. They wont mess with the government, in general.

Good luck!