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agoks

Family-based Green Card for H1B Visa Holder (Approved I-140)

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Hi, I am a H1B visa holder with an approved I-797 for next 3 years and an approved I-140. I am getting married to my fiance who is a permanent resident of the US.

Question - My employer has long term plans for me. Can I continue working on H1B visa and extend it after submitting family-based I-485 AOS & I-765 EAD, until my green card is approved? If yes, will our family-based petitions create any complications during my H1B extension process? (Since my I-140 is already approved, I don't have 6 years max-out restriction.)

Edited by agoks

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Once you get your EAD, you may use that or H1 status for work. Since F2A is current, your GC should not take more than a year.

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