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kayjaygee_13

H1B extension being processed; I140 approved; upcoming marriage

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Hello all! Here is some background: I have been with the same employer (higher education, cap exempt) for the last 8 years. I started employment in August 2010 on Curricular Practical Training for the first year and then converted to Optional Practical Training for the second year. My employer filed for the first H1B before the OPT expired and it was approved until April 30, 2015. They filed for an extension before the first H1B expired and that second H1B was approved until April 30, 2018. My I-94 expired on April 22, 2018 and the petition for the 7th year extension was received by the USCIS California Service Center on April 13, 2018. I also have an approved I-140 with priority date of August 2014 through the same employer.

Judging by the current processing time, my petition will not be adjudicated for probably another 3 months at minimum. What is causing me stress is the fact that my fiancee and I have had our wedding planned for July 7, 2018 for well over a year and since she is a US citizen, we had planned on filing for marriage-based permanent residency for me. Here are my questions/concerns:

1. If the 7th year H1B petition is still pending even after our marriage on July 7th, can we still proceed with the marriage-based green card paperwork?

2. If the 7th year petition is denied before July 7th, do I have any options aside from leaving the country?

I apologize if I have posted this in the wrong forum. Thank you in advance for any advice.

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