Legal Question in Immigration Law in Ohio
Hi,
I entered US on a H1B visa which expired on Feb 2nd 2010 and I-94 expired on Feb 12th. I am married to a US citizen and applied for I-130 and I-485 on Jan 27th 2010 which makes my stay legal in the US after Feb 12th. In the meantime if I want to apply for H1B extension through the same employer, how long will it take for me to begin working?
2 Answers from Attorneys
Why would you need to apply to extend H-1B if you applied for adjustment of status based on marriage? Provided that you applied for a work permit, it can be approved within 2 months. If you still work for your H1B employer, you should have applied for H1B extension while you were still in a valid H1B status.
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Simply file for Employment Authorization, the fee will be waived if you note that it is filed in conjunction with the I-130 & I-485 based upon marriage to a US citizen. Approval will likely be in the 60 day range.
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