Green Card after marriage. Here on L1B (extension filed). i 140 approved.

[JJ singh]

Hello,

I hope someone would be able to help me.

my status : I am here on L1B which is now expired and my company has filed for and extension with premium processing. Also they filed my Green card (EB3) for which i 140 is approved.

I am planning to get married to my girl friend and file for green card after i get married.

My Queries:
- what all forms do i need to submit? I 130 , I 1485, I 765 and I 131? is that right?
- will my existing Green card application and I 140 approval will help in any way or will it be a new case from the beginning?
- Any idea about timelines? and what if the rejects my L1B extension, if I file my I 485, will i still be allowed to stay and/or work in US?

thanks for your help

JJ

[newacct]

I-130 is not involved. You are not petitioning her. Rather, she should immigrate as your derivative beneficiary. Her I-485 can be filed at the same time as, or any time after, your I-485.

You must be generally be in status to file I-485, and a pending extension of status does not count as status unless it is eventually approved. However, as an employment-based applicant, you are exempt from the requirement to be in status to file I-485 as long as you have been out of status for less than 180 days since last entry. So I think you should still be okay as long as it's been less than 180 days from your I-94 expiry to when you file I-485. However, you will not be able to work until you get your EAD.