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H1B extension and AOS 485 filing
Hello,
I am currently on H1B. Have been working for same employer for 5 years. The employer did apply and I got approved 140 immigrant petition in 2008. since then I have been waiting but my priority date is not current yet. I have filed one time for extension of H1b and now it is time to extend again since my current one expires in May this year. The company lawyer is currently preparing my extension application. At the same time I recently got married to a US citizen and want to file for adjustment of status through marriage. My questions are:
1. Should I tell my employer and company attorney that I am filing for AOS through my husband? - I am a little worried they might say, in that case, we won't apply for your extension. ( I want to use the H1b as a back up since with marriage I get only conditional GC and if something goes wrong with marriage I will be out of status. )
2. Is it OK to file for H1B extension and Adjustment of Status through marriage at the same time? - looks like first the AOS app will go out and then in a month or so H1 extension.
3. Can I maintain my H1B after I get my green card through marriage? If so what are the rules?
4. What happens to my approved 140 petition after I get the conditional green card, does 140 become invalid? Or could I in 2 years, when my priority date becomes current apply for 485 through employer ( if lets say I got divorsed) ?
Thank you so much!
I am currently on H1B. Have been working for same employer for 5 years. The employer did apply and I got approved 140 immigrant petition in 2008. since then I have been waiting but my priority date is not current yet. I have filed one time for extension of H1b and now it is time to extend again since my current one expires in May this year. The company lawyer is currently preparing my extension application. At the same time I recently got married to a US citizen and want to file for adjustment of status through marriage. My questions are:
1. Should I tell my employer and company attorney that I am filing for AOS through my husband? - I am a little worried they might say, in that case, we won't apply for your extension. ( I want to use the H1b as a back up since with marriage I get only conditional GC and if something goes wrong with marriage I will be out of status. )
2. Is it OK to file for H1B extension and Adjustment of Status through marriage at the same time? - looks like first the AOS app will go out and then in a month or so H1 extension.
3. Can I maintain my H1B after I get my green card through marriage? If so what are the rules?
4. What happens to my approved 140 petition after I get the conditional green card, does 140 become invalid? Or could I in 2 years, when my priority date becomes current apply for 485 through employer ( if lets say I got divorsed) ?
Thank you so much!
