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我女兒一年前遞交了employment green card 的申請。她的婚禮定在9月，未婚夫是美國公民。

現在她工作單位因情況有變，不想繼續擔保她了，建議她辦婚姻移民。問題：

1，工作移民申請可以轉成婚姻移民嗎？

-No.

還是要取消工作移民申請，再從新開始申請新的婚姻移民？

-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，如果工作單位不再擔保她的 H-1B renewal, 她結婚後馬上遞交婚姻綠卡，需要多久才能得到工簽？

-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 到期後，她必須馬上離開美國嗎？

-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.