Extension of H1B past 6 years based on approved I 140 will create any problem If apply for marriage based green card parallel

[santanusarkar24]

Hi, 

I will be completing my 6 years on H1B in Feb 2014 and will need to do the extension based on approved I-140. Now next month I am planning to get married to US Citizen and we will be filing marriage based green card application around Sept. So, my question Can I still be able to apply my H1 extension around November or so based on approved I-140 to be in the legal status until I get the marriage based green card? Please advice.

Also, is there any way I can apply for EAD through the marriage based green card application while it is in progress.. Just thought of checking with you. Please let me know. 

I do not want to let the employer know at the moment until I receive the green card ( through marriage) in hand or stamped in passport.. so in such case Can i ask my employer to file H1 extension to USCIS based on approved I 140? The only fear that I have if USCIS rejects my H1 extension saying that I have marriage based i-485 is in process. Please advice -

[pontevecchio]

repeat after me. H1 is dual Intent and Immigrant intent by any which way is allowed. Once genuinely married to an USC and you file for AOS and get the receipt you are safe.

[Attorney_11]

There is no prohibition against, and in fact it is advisable to, seek extensions of H1B classification until such time as Lawful Permanent Resident status is approved. Extending classification beyond the sixth year based on an employment based process when a concurrent family based process is ongoing is not prohibited. An EAD can be applied for as an ancillary benefit to a filed I-485 application.

[santanusarkar24]

This is really helpful. Thanks so much