H1 Extension Pending and Married to USC

[unmarshall]

Hi,

I am working for Indian MNC and my employer has filed my H1 extension which right now in pending stage. To be more precise, my employer has filed my extension on 29th march 2011 and current status of h1-ext is "Initial Review" stage. Also my i-94 is expiring in June second week

Last month i got married to US citizen girl. I have couple questions for filing my GC.

1) Shall i wait for my H1 Extension before my spouse files family based green card for me?
2) can i submit family based GC forms right now, i mean before my I94 expires? if i submit, are there any chances to get rejection in H1 extension?

Please let me know as this is very urgent

Thanks
Unmarshall

[svaradara]

Hi,

I am working for Indian MNC and my employer has filed my H1 extension which right now in pending stage. To be more precise, my employer has filed my extension on 29th march 2011 and current status of h1-ext is "Initial Review" stage. Also my i-94 is expiring in June second week

Last month i got married to US citizen girl. I have couple questions for filing my GC.

1) Shall i wait for my H1 Extension before my spouse files family based green card for me?
2) can i submit family based GC forms right now, i mean before my I94 expires? if i submit, are there any chances to get rejection in H1 extension?

Please let me know as this is very urgent

Thanks
Unmarshall

1. No need to; the nonimmigrant visa extension and the GC process are two different and disconnected animals
2. Yes--see #1

[unmarshall]

If H1 extension is rejected then how can i work?

[svaradara]

If H1 extension is rejected then how can i work?

They will usually give you a reason, and ask your employer to prove as to why it should be extended--if employer resubmits, you can continue working up to 240 days (after the notice).

(I actually had a rejection similar to that in 1996--but it was for a TN-1 renewal/extension)