H1B to EB2 change of status application

USA H1B Visa
1

Hi there. I am currently on H1B which will expire on Nov 2014. I will be marrying my fiancee this December 2013 and she is EB2 with an approved I-140.

Upon my application for immigrant status, would I still be able to stay here in the United States while waiting for my application to be approved even after my H1B expire? I was opting not to sign another contract with my employer and stay here (US), while waiting for my visa category change to get approved.

How long will it take for my change-of-status (H1B to EB2) be approved? An estimate of processing time would greatly be appreciated. I would at least be able to plan ahead based on professional answers that will be posted with regards to my query. Thanks. God bless.

2

EB2 is not a Visa status. What is her priority date? If she is on H1B you can apply for H4 after the marriage. Once her dates become current you can apply for I485 along with her and apply for EAD thenm you can work. Just with I140 you will not be able to work.

3

I honestly have no idea on immigration jargon, my bad. She already is a green card holder.