Legal Work Options During Transition from H1-B to Pending I-485/I-765

[bobst 0]

My H1-B status is set to expire on January 9. Although I married a U.S. citizen early last year, I only recently submitted my Green Card application packet (including the I-485, I-130, and I-765) last week. I have confirmed that USCIS processed my payment of approximately $3,200 today.

Due to a recent layoff, my current employer will not be renewing my H1-B, and the timeline is too short to secure a new qualifying employer for a transfer. While I understand that my pending Adjustment of Status (AOS) allows me to remain in the U.S. legally after January 9, I am the sole provider for my family and need to maintain my income.

Question: What are the legal avenues available to continue working immediately after my H1-B expires while waiting for my marriage-based Work Authorization (EAD) to be approved?

[Boiler 48,416]

You need an EAD.

 

How are you intending to handle the I 864.

Edited Saturday at 04:16 AM by Boiler

[Lemonslice 5,384]

You might try to expedite the EAD, but it's still not an instant process.  I hope you have a nice savings cushion.  

 

Alternatively, your American spouse is allowed to work. 

[appleblossom 5,624]

10 hours ago, bobst said:

My H1-B status is set to expire on January 9. Although I married a U.S. citizen early last year, I only recently submitted my Green Card application packet (including the I-485, I-130, and I-765) last week. I have confirmed that USCIS processed my payment of approximately $3,200 today.

Due to a recent layoff, my current employer will not be renewing my H1-B, and the timeline is too short to secure a new qualifying employer for a transfer. While I understand that my pending Adjustment of Status (AOS) allows me to remain in the U.S. legally after January 9, I am the sole provider for my family and need to maintain my income.

Question: What are the legal avenues available to continue working immediately after my H1-B expires while waiting for my marriage-based Work Authorization (EAD) to be approved?

The only options would be another work visa, or wait for the EAD. But both of those will take months, so as @Lemonslice said, the easiest solution would be your US spouse working instead. 
 

Good luck. 

[bobst 0]

21 hours ago, Boiler said:

You need an EAD.

 

How are you intending to handle the I 864.

There's joint sponsorship

[bobst 0]

21 hours ago, Lemonslice said:

You might try to expedite the EAD, but it's still not an instant process.  I hope you have a nice savings cushion.  

 

Alternatively, your American spouse is allowed to work. 

 

Thank you for your advice. I'm currently exploring ways to speed up the EAD process. My wife has been attempting this for several years now. I've noticed some gaps in her knowledge and skills, so I've encouraged her to enroll in college and start attending classes in those specific areas to ensure she succeeds this time. I'm also covering her tuition and expenses. Unfortunately, relying on savings isn't really feasible, as our costs are high and money depletes quickly.

[appleblossom 5,624]

16 minutes ago, bobst said:

I'm currently exploring ways to speed up the EAD process

 

These are the only grounds for an expedite - https://www.uscis.gov/forms/filing-guidance/expedite-requests

 

There is severe financial loss as a reason, but only 'provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to timely file the benefit request'. As you could have filed last year, I don't think that would qualify. But it's free to ask, so you may as well try. You should just have a Plan B ready in case it's refused.

 

Good luck. 

[Lemonslice 5,384]

1 hour ago, bobst said:

 

Thank you for your advice. I'm currently exploring ways to speed up the EAD process. My wife has been attempting this for several years now. I've noticed some gaps in her knowledge and skills, so I've encouraged her to enroll in college and start attending classes in those specific areas to ensure she succeeds this time. I'm also covering her tuition and expenses. Unfortunately, relying on savings isn't really feasible, as our costs are high and money depletes quickly.

Understand that it might be months without being allowed to work.  Even part time entry level work would be better than zero income. 

 

She might want to reach out to your local career center (look up state name and "career centers"). The local library is also a good resource for job search support. 

 

Best of luck.

Edited yesterday at 03:18 AM by Lemonslice

[Boiler 48,416]

Time to delay college

[Rhema1 548]

On 1/3/2026 at 3:09 PM, appleblossom said:

The only options would be another work visa, or wait for the EAD. But both of those will take months, so as @Lemonslice said, the easiest solution would be your US spouse working instead. 
 

Good luck. 

Yeah,

Your spouse got to work at least till you receive your EAD C09 category.

Mariage is also a partnership in mutual support.

[S2N 616]

The other option is to see if you can get a representative or senator to work with USCIS to get the EAD expedited.

 

This is an area where a strong constituent services team actually could help get you something. Slightly out of the norm, but a reasonable and sympathetic case. If you have a Republican in Congress, I’d have them make the request over a Democrat based on what I’ve heard. Democrat also works if it’s all you have.

Edited 9 hours ago by S2N

[Boiler 48,416]

It is no doubt an intern who sends it in, I really do not think it makes any difference 

[Rhema1 548]

4 hours ago, S2N said:

The other option is to see if you can get a representative or senator to work with USCIS to get the EAD expedited.

 

This is an area where a strong constituent services team actually could help get you something. Slightly out of the norm, but a reasonable and sympathetic case. If you have a Republican in Congress, I’d have them make the request over a Democrat based on what I’ve heard. Democrat also works if it’s all you have.

Even so, it will still take couple of weeks or months before having an EAD card.

[S2N 616]

3 hours ago, Rhema1 said:

Even so, it will still take couple of weeks or months before having an EAD card.

Not necessarily. A good constituent services office can get things that are high priority approved very quickly. That’s the whole point of reaching out to them.

 

It’s far from guaranteed, but in OP’s specific circumstance it’s the Hail Mary option.

 

Best course of action is to call them and talk to someone while also planning alternatives for it not working.

[S2N 616]

6 hours ago, Boiler said:

It is no doubt an intern who sends it in, I really do not think it makes any difference 

I know someone who worked at USCIS legislative affairs for a few decades and recently retired. Apparently there’s a separate system for tracking any case where there’s been a congressional inquiry and that they usually deal with professional congressional staffers whose dedicated jobs is to finding solutions to the more difficult cases.

 

For the standard “my I-130 has been pending less than the standard processing time and I miss my spouse!” It’s not useful, but on anything remotely out of the ordinary such as “my H1-B expires and I need to work while I-1485 is pending because my employer legally can’t renew it thanks to layoffs” a congressional inquiry could help.

 

OP should still plan for the worst, but it’s the best bet.

Edited 46 minutes ago by S2N