B1 visa holder adjust?

[cew 0]

Hi!

I am a British nanny here in NY working for an international family who I moved to the US with. As I worked for them in London before the move, I was able to get a B1 visa which states that I am able to work as a domestic employee to this family. I have valid work authorisation until April 2007.

Since arriving I have met a wonderful USC that I wish to marry. We do not know the best way forward from here. Can I marry here in the US before my visa expires (March 29th) and adjust my status without having to leave, or do I have to return back to the UK and apply for the K1 visa?

If I do adjust my status here in the US and not have to leave, can I continue working for this family on my B1 until march 29th, and then what happens after, I assume I cannot work until I get my new EAD?

Thank you so much for any advice you might have!

[eau_xplain 2]

You may get married and file your AOS without having to leave the country. When you file for your AOS, you should also file for a new EAD (based on your status as adjustment applicant). You may continue to work with your current employer until your existing work authorization runs out. Any work after that will be considered unauthorized until you get your new EAD. (On a side note, USCIS website says unauthorized work is <i>usually</i> forgiven if you are the spouse or parent of a USC.)

[Kez/JWolf 6]

Here is a link to the guide it will let you start to understand the forms and the process.... please feel free to ask any questions you may have....

http://www.visajourney.com/forums/index.ph...page=i130guide2

You will not have to return to your home country... you will remain here while your AOS is being processed... the last post about EAD is a good one...

Good Luck

Kez

Edited January 30, 2007 by Niagaenola

[ChristinaM 0]

You may find that once you have applied for AOS, the work authorisation inherent in your B1 will not be valid any longer and you will technically not be EA until you receive an EAD. That would be worth checking.

Otherwise, happy adjusting!

[rob&ana 0]

I am not sure about this information...

So I'll post it more like a question, that luckily will get answered by someone who knows....

I have read, that if you have your NOA from the EAD, and previous work authorization (which would be the case of the B1), you can work for 90 days before providing the actual EAD document. Is this true?? would it apply to this case? if not, where does it apply?

Thanks and I hope this is of some benefit for the OP.

Ana

[ChristinaM 0]

My understanding is that that applies for renewal of EA, and in order to count as renewal it has to be within the same category (eg. c9 -> c9 for someone waiting for a second EAD whilst doing the AOS).

However, I'm sure someone will correct me if that's not right!

[Yodrak 7]

Ana,

If one is EA but does not have an EAD, one has to show the employer that they have applied for the EAD within 3 days of beginning employment and show the employer the EAD within 90 days.

I would think that if one is EA due to B1 status then they have a corresponding EAD to prove it, and that whenever their B1 status ends the EA status ends with it.

Yodrak

.....

I have read, that if you have your NOA from the EAD, and previous work authorization (which would be the case of the B1), you can work for 90 days before providing the actual EAD document. Is this true?? would it apply to this case? if not, where does it apply?

.....

Ana