Can I file for H1B visa extension and keep working until my green card comes when I marry? 4 Answers as of May 16, 2011

I am getting married to a US citizen and going to apply for the green card through marriage. I am on H1B status and it is going to expire in one year. Can I file for H1B visa extension and keep working until the green card comes? Or is it the separate process and I won't be able to work if there is a gap between?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
When are you getting married? Who don't you file for residence as soon as possible? Contact us if you are seeking legal counsel. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/16/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can. The reason I say that is because if you marry a USC, you will most likely be forgiven for working without authorization anyway. But your plan sounds just fine for the second reason that if you file for an H-1B extension, then you do not have to wait until it is approved to go back to work. You can just continue to work as you did before until you are told not to do so in the form of a denial. So, you are good to go. Good luck!
Answer Applies to: California
Replied: 5/13/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Yes, you may apply for the extension, and you need to do so before you pass the six-month mark prior to your H-1B status ends to be eligible for the extension and stay in the country while it is pending, along with the pending status of your green card petition/application, once you're married. If you wish to explore the options you have further, since you need the help of an attorney, please feel free to call or e-mail to set up a phone or in-person consultation.
Answer Applies to: California
Replied: 5/13/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
Depending on when you get married, you may want to file for an extension. When you apply for your adjustment after your marriage, you can file for a work permit concurrently. So if you are getting married soon, your work permit will likely be approved before your H1B expires. With that being said, you should seek the assistance of immigration counsel to discuss the specifics of your case.
Answer Applies to: Georgia
Replied: 5/12/2011
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