Do I need to drop LCA process?

[TrueBrit]

I am an H1-B holder who has been in Labor Certification since early 2004. My LCA application is in one of the backlog centers and hasn't been adjudicated yet.

I married my US wife a couple of years ago and we just got around to submitting the I-485, I-765 and I-130 last month. Based on what I have read at USCIS.gov and on this board, my guess is that these should have been adjudicated within the next 3-6 months depending on the particular form.

Since we decided to file ourselves rather than using a lawyer (it seems reasonably straight forward), I just wanted to ask whether filing the AOS means I need to withdraw the LCA once the I-765 is approved. I think that there is only one application in effect at present, since my employer couldn't submit anything on my behalf other than the I-129 H1-B renewals until the LCA is approved anyway. It seems to make sense to let both processes run their natural course at present otherwise and leave the LCA in play until the I-485 is approved in the future.

Thanks in advance

[Rene]

I'm in the same boat as you TrueBrit. My company retained an immigration law firm for my H1-B/AOS. My LCA was re-filed in May 2001 and just recently the LCA 30 day posting period has been announced...not bad...only 6 years! I have also received my EAD and our interview is scheduled for March 22nd. I asked the lawyers the same question and was told I could continue working on the H1-B if I wanted to but if I ever exercised/used the EAD or AOS from marriage, that the H1-B processing route would essentially be over. I have not used my EAD and I won't until the interview is over. If the interview goes well and I receive AOS, then I'll call the lawyers to terminate the H1-B/LCA proceedings.

I think it is safe to assume your status will be adjusted via marriage LONG before the H1-B/I-140 route, especially considering you've been married for more than two years.