The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.
In about 3 to 5 months after filing, he should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later he should get a Residency status (green card).
And just so you are clear, once those forms are properly filed with USCIS, it does not matter that his I-94 (work status) expires. He would still be in legal status authorized by the Attorney General as long as that I-485 is pending. He does not go out of status or accrue illegal time while that is pending. So his employer does not have to file anything for him if they do not want to.
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Thanks for the answer. Just to clarify, getting a work permit takes a few months to after marriage and filling all of the paperwork. So in our situation where we don't want him to have to interrupt working he should go ahead and have his employer renew his H-1B visa?
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