Skip to main content

Continue to work on H-1 or EAD after marriage.

Hamden, CT |

I am on H1 and it expires on Sep-2015. I am legally married to Us citizen and received EAD.

I did not update my EAD on I-9 form. Hence I believe I am still working on H1-b
I have GC interview in 3 weeks. Today USICS persons came to my employer and asked for the new I-9 of all employees.

Do I have to fill information about EAD? or just continue with H-1 information.

Thanks for the advice.

My H1 got approved last year and it is not stamped yet.

Attorney Answers 4


  1. I would suggest amending the I-9 with up to date information. You have an EAD now based on Adjustment of Status pending, C9 Classification.

    Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.


  2. First, and foremost, your employer should be talking to his/her immigration attorney, and not you.

    With that said, you are probably in the unique situation of being permitted to work for TWO reasons: 1. H and 2. pending adjustment application.

    Once you are interviewed, assuming you have an immigration attorney and/or didn't forget to do something on the paperwork that you prepared without professional assistance, you'll probably get approved for a THIRD reason: CR-1 ... this will cancel #1 & #2.

    Confused? Then you should talk to your immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. It is always best to maintain status.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. You could contact your employer to update your I-9 info for your EAD, although you could continue to rely on current H-1 data since that would not be wrong for now. When you get your green card, however, I would definitely update the info on I-9.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics