Reply

我女儿一年前递交了employment green card 的申请。她的婚礼定在9月，未婚夫是美国公民。

现在她工作单位因情况有变，不想继续担保她了，建议她办婚姻移民。问题：

1，工作移民申请可以转成婚姻移民吗？

-No.

还是要取消工作移民申请，再从新开始申请新的婚姻移民？

-It seems she has not filed I-485 yet based on the employment based category. So, she does not need to do anything about the employment based green card application becuase the I-40 petition belongs to the employer, not her.

Her spouse just needs to file I-130 and she can file I-485 concurrently after she get married. That is all. 

2，她的 H-1B 8月到期，如果工作单位不再担保她的 H-1B renewal, 她结婚后马上递交婚姻绿卡，需要多久才能得到工签？

-Currently it takes about 16 months, case by case. So, she had better ask her employer to extend her H-1 status until she gets the EAD.

3，H-1B 到期后，她必须马上离开美国吗？

-Not need. After she files I-485, she can stay in US legally. Also, because her spouse is a US citizen, even if she has unlawful presence, it will not affect her green card application.