International 🐠, on OPT right now, applied for H1B. I plan to quit before October, and marry the SO, who just got upgraded from GreenCard to Citizen, so I can get a Green Card myself.
What should...

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International fish myself, and wow this sounds so ideal. Congrats to you OP

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AFAIK, I think all three can run concurrently.
1. Your OPT status allows you to continue working, when does it expire?
2. H1B application can be filed while you’re on OPT, that’s fine
3. You can begin your green card application process after marriage too.
Would suggest mentioning your plans to file for a marriage based green card to your employment immigration lawyer as well, just to see what makes most sense.

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You can switch firms freely without having to do anything while on OPT. However, that means your current employer will withdraw the H1B petition that they filed for you as a beneficiary. But you already know that, so all you really need to do is file for your marriage-based green card and gain employment authorization for that interim period before your OPT expires. I am not familiar with how it works to obtain employment authorization if you’re applying for a marriage-based green card, that’s what you’ll need to confirm with an immigration attorney or even find it online.

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Incorrectly used “interim period” above, what I meant to say is you’ll need to gain employment authorization for the period before you get a marriage based green card and after OPT expires (if there is in fact a gap like that). I also am forever alone so I never explored the marriage based green card option, congratulations and all the best to you!

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I be aware of? What immigration lawyers would you recommend?
Anyone who’s tried anything similar before?

Why do you need an immigration lawyer to fill out forms for you?

Diana Pinzescu in NY is a good attorney.

Thanks, BCG1 😊.
@DD1, I don’t need a lawyer to fill out forms, but I’d like one who can make sure I’m filling out all the right ones when I need to.

@SC1, my OPT expires early next year. H1B application will be filed by the firm next week.
I will begin the Green Card process after marriage, yes.
Question is: can I switch firms while my current company has filed for H1B, and I’m waiting on the decision?
Will I have to change my OPT status in the interim if I get a new job?
How soon after the SO’s status change to Citizen can she get married, and make her spouse eligible for a green card? Would I be green-Card eligible right after marriage?

Used to work with DOS and USCIS and saw so many people waste money on lawyers to just fill out forms when all the info is online

@SC1, thank you!! This is the impression I was under too, but glad to see it reiterated.
Will check in with an immigration lawyer soon. Thanks!

Yeah you’ll have a few options... first is come in the states as k1 fiancé.. meaning you have done all the upfront application out of country, and then you must marry within 90 days of entry.. can take up to 12 months to get the k1 visa.. but it’s the least hassle after landing in the states.

Next option.. get married anywhere.. and then file a family based petition.. could take up to 18 months..

If speed is your concern.. come to USA on tourist visa or on your passport... wait 90 days and then get married and file for adjustment of status.. work authorization/travel authorization within 90-120 days.. green card within 12-18 months.. but also the most risky.

You can do most of the filing/forms yourself without need for a lawyer.. but get a lawyer if that would make you feel more comfortable

If you’re gonna have a couple of months after your wedding and before your OPT expires, get ahead on getting employment authorization based on your marriage. You won’t have to deal with the headache of going through the H1B application process. If you do go through the H1B application process, again make sure that both lawyers (employer’s and your personal family immigration lawyer) are talking to each other about options.

Any reccos for lawyers on the East Coast? I don’t exactly have a family lawyer

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