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Getting Married to USC. Do i still need to worry about h1b sponsorship?

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hbeh

Junior Member
What is the name of your state?What is the name of your state? TEXAS


My fiancé is a US citizen and we are planning to get married in December 2005
or sooner if need be.
I am currently finishing of my Masters education and will graduate this May.
I have already sent in my application for OPT so that I will be able to work for 12 months. I have a few questions about what options are available to me and which ones might be a better choice.

1) I'm currently job hunting and what I’ve come to realize is that quite a few employers shy away from applicants who need work visa sponsorship. Is there anyway i can make myself more appealing to these employers due to my situation? I.e. If I get married and start the green card application process, would that get rid of the need for me to have my employer sponsor a work visa? If that is so, then I can tell them that I don’t need any kind of sponsorship to work.

2) If I do get an employer who is willing to sponsor my H1b, should I begin the H1b process ASAP, or wait to use up my OPT time first.

3) What state would be best to register for marriage and or placing app. for green card at? In terms of turnaround time on green card applications go.? We can basically get registered in any state we want right?

4) When I get married and in the process of waiting for my green card. What kind of work authorization am I allowed to apply for (an EAD card?) and how hard is it to get, how long does it usually take.

SO, basically, I’m wondering if getting an employer who is willing to sponsor a h1b visa for me will be the best choice in the long run. Or, if due to my situation, I should not limit myself to those who will sponsor me and go ahead and apply for work like a regular US citizen ...i.e.. With assurance that I will have authorization to work once my OPT ends in 12 months.

Thanks!

-Han
 


ImmigAttyLana

Senior Member
1) I'm currently job hunting and what I’ve come to realize is that quite a few employers shy away from applicants who need work visa sponsorship. Is there anyway i can make myself more appealing to these employers due to my situation? I.e. If I get married and start the green card application process, would that get rid of the need for me to have my employer sponsor a work visa? If that is so, then I can tell them that I don’t need any kind of sponsorship to work.
IF YOU GET MARRIED AND FILE FOR YOUR PERMANENT RESIDENCE, THEN WITHIN 90 DAYS OF THE FILING OF THAT PETITION , YOU WILL BE ISSUED AN EMPLOYMENT AUTHORIZATION DOCUMENT WHICH WILL ENABLE YOU TO WORK FOR ANY US EMPLOYER WITHOUT NEED FOR SPONSORSHIP WHILE YOUR PERMANENT RESIDENCE PETITION IS PENDING.
2) If I do get an employer who is willing to sponsor my H1b, should I begin the H1b process ASAP, or wait to use up my OPT time first.
YOU CANNOT START THE PROCESS UNTIL AFTER APRIL 1, 2005, BUT I WOULD SUGGEST THAT YOU DO START THAT AS SOON AS YOU CAN BECAUSE CHANCES ARE THE H-1B NUMBERS WILL GET USED UP BEFORE THE END OF THE FISCAL YEAR AND YOU MAY FIND YOURSELF IN A SITUATION WHERE YOUR OPT IS EXPIRING BUT THERE ARE NO MORE H-1B NUMBERS AVAILABLE.
3) What state would be best to register for marriage and or placing app. for green card at? In terms of turnaround time on green card applications go.? We can basically get registered in any state we want right?
YOU CANNOT FORUM SHOP THIS WAY. ALTHOUGH YOU CAN GET MARRIED IN WHATEVER STATE WILL ALLOW YOU TO DO SO (MOST STATES WILL HAVE A RESIDENCY REQUIREMENT), YOU WILL NEED TO FILE THE PERMANENT RESIDENCE PETITION WITH THE OFFICE THAT HAS JURISDICTION OVER YOUR PLACE OF RESIDENCE. IN OTHER WORDS, YOU CANNOT BE RESIDING IN TEXAS BUT FILE THE APPLICATION IN NEW HAMPSHIRE.
4) When I get married and in the process of waiting for my green card. What kind of work authorization am I allowed to apply for (an EAD card?) and how hard is it to get, how long does it usually take.
YES, IT WILL BE THE EAD. IT IS NOT HARD TO GET IT; YOU MUST APPLY FOR IT AS PART OF THE PERMANENT RESIDENCE PETITION. IT WILL TAKE 90 DAYS AT THE MOST TO OBTAIN THIS DOCUMENT.
SO, basically, I’m wondering if getting an employer who is willing to sponsor a h1b visa for me will be the best choice in the long run. Or, if due to my situation, I should not limit myself to those who will sponsor me and go ahead and apply for work like a regular US citizen ...i.e.. With assurance that I will have authorization to work once my OPT ends in 12 months.
 

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