work and AOS

[Jaime'n'Jenny 8]

My fiancée is here on a B-1 visa that expires in February.  If we marry in January can she continue to work through February.  Will she be able to work after the visa expires or will she have to wait for the green card?

[Unlockable 7,306]

8 minutes ago, Jaime'n'Jenny said:

My fiancée is here on a B-1 visa that expires in February.  If we marry in January can she continue to work through February.  Will she be able to work after the visa expires or will she have to wait for the green card?

She is not allowed to work on a B1. It is illegal.

 

Her marrying you doesn't grant her authorization to work. After she marries you she has to file for adjustment of status and work authorization. Currently authorization for work is taking 3 - 4 months to be approved. So she is looking at being able to work around April or May of 2019 based on you getting married in January and filing right away.

[JFH 12,189]

23 minutes ago, Jaime'n'Jenny said:

My fiancée is here on a B-1 visa that expires in February.  If we marry in January can she continue to work through February.  Will she be able to work after the visa expires or will she have to wait for the green card?

Is she a domestic household employee? 

[aznhouston 124]

20 minutes ago, NuestraUnion said:

She is not allowed to work on a B1. It is illegal.

 

Her marrying you doesn't grant her authorization to work. After she marries you she has to file for adjustment of status and work authorization. Currently authorization for work is taking 3 - 4 months to be approved. So she is looking at being able to work around April or May of 2019 based on you getting married in January and filing right away.

4-6 months to be precise, or maybe longer than that.

[bakphx1 785]

I’ve had a few friends get married and adjusted status.  They always had to wait for the Green card.  I think CR1 is the only one that gives work permission as of day 1.

[Just Paul 4,591]

If you "Adjust" you will need to await EAD or Green Card.   If it is"Work" on a B1 but you must be paid by your foreign employer and be employed overseas.  It is for coming to the US for meetings or going to conferences. You can not work for a US company.  If she is working for a US company or being paid to be a nanny or assistance or whatever - that is illegal.

[Going through 5,668]

50 minutes ago, Jaime'n'Jenny said:

My fiancée is here on a B-1 visa that expires in February.  If we marry in January can she continue to work through February.  Will she be able to work after the visa expires or will she have to wait for the green card?

Wait....you mean "continue" as in she's already working on a B1?  Or just attending work-related conferences?

Edited December 20, 2018 by Going through

[geowrian 22,335]

B-1 permits business activities, such as attending conferences, meeting with clients, etc. This is different than engaging in work in the US. A B-1 holder cannot engage in work.

 

Once their existing legal status ends (dictated by the I-94), they can no longer engage in business activities either. That is a benefit of their status. Once their status is gone, so is the benefit. Edit: That said, attending conferences as a guest in general (not just to interact with potential customers or clients) should be fine IMO.

By file AOS, one is granted a period of authorized stay. Authorized stay is not a legal status conferring any benefits other than being permitted to remain in the US while the case is pending.

Edited December 20, 2018 by geowrian

[Jaime'n'Jenny 8]

9 hours ago, JFH said:

Is she a domestic household employee? 

She is a nanny.  The family was working in England then came to the USA 2 years ago.  She came with them.  She is still working with them.  I know it's all legal.  Her employer works for the government and has regular background checks for security clearances. 

[aaron2020 11,651]

5 minutes ago, Jaime'n'Jenny said:

She is a nanny.  The family was working in England then came to the USA 2 years ago.  She came with them.  She is still working with them.  I know it's all legal.  Her employer works for the government and has regular background checks for security clearances. 

If she is allowed to work under the B1, then she can work until her I-94 expires.  Marriage to you does not affect this.  

After her I-94 expires, she is not allowed to work until she gets her EAD when you file for AOS.

[geowrian 22,335]

3 hours ago, Jaime'n'Jenny said:

She is a nanny.  The family was working in England then came to the USA 2 years ago.  She came with them.  She is still working with them.  I know it's all legal.  Her employer works for the government and has regular background checks for security clearances. 

Sounds like a yes.

As such, she can work until her I-94 expires.

[Visitor User 236]

245k allows work for less then 180 days if AOS by IR USC?

 

245i if qualified forgives unlimited time of work right?

Edited December 20, 2018 by Visitor User

[geowrian 22,335]

9 minutes ago, Visitor User said:

245k allows work for less then 180 days if AOS by IR USC?

 

245i if qualified forgives unlimited time of work right?

245(k) is for employment-based AOS, not family-based AOS.

 

245(i) only applies to those who had an I-130 filed in or before early 2001.

[Visitor User 236]

On 12/20/2018 at 2:06 PM, geowrian said:

245(k) is for employment-based AOS, not family-based AOS.

 

245(i) only applies to those who had an I-130 filed in or before early 2001.

An Overstay can work for any employer regardless of time and still be forgiven under 245i right?