View Full Version : H1B out of status, filing for renewal, marrying US citizen

09-21-2013, 09:27 AM
Hello. Here is a description of my situation:

Due to my lateness and mistake on HR side (delayed/wrongfully filled LCA) my first H1B extension was send without approved LCA and was simply sent back to me. I-94 expired on Sept 7. Finally i have my LCA approved now and plan on resubmitting the application ASAP requesting premium processing. My understanding is that extension will most likely be approved but the extension of status will not and I will have to go through consular processing.

I was planning on eventually applying for employment based GC (EB1 or EB2) but my girlfriend (US citizen) suggested that we can get married and file for marriage based GC.

I wonder would I be able to return back to work based on approved i-797 and pending i-485? The usual combination would be approved EAD and pending i-485 i beleive but EAD will take longer that i-797 via premium processing. Returning back to work ASAP is a high priority both for me and my employer so if this route is legal it will be faster than restamping my passport with h1B back in Russia (i will have to renew the passport, schedule appointment etc) or waiting for i-485-dased EAD.

Please let me know what is your opinion - would approved i-797 and pending i-485 (marriage-based) be sufficient for returning to work legally?