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Immigration Issues/H1-B will need to renew or can wait to adjust through marriage?


My H-1B is set to expire mid November. I am getting married early October to a U.S. Citizen and will pursue the permanent residency marriage-based process. It seems then that it's unlikely I would receive permission to work through an adjustment of status before my current H-1B expires. My question is:
Is there any way to get a less costly short extension to my H-1B that would allow me to apply for change of status through marriage and receive work permission on time, instead of applying for a full 3 more years of H-1B?
My concern is if my employer extends my visa that I would be committed to work for them for a period of time or be obligated to pay back the visa legal and processing fees should I choose to work elsewhere once I'm a permanent resident.

thank you

Leo Salinas,
There is no "less costly extension" option available. I would suggest that you file for your Adjustment of Status and Employment Authorization (EAD) immediately after marriage. If lucky you may get EAD approved before the expiry of your H-1B or you can take a leave of absence and get back to work for the company once you receive your EAD.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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