Menlo Park, CA Immigration Law Firms & Lawyers

You may not be able to adjust within the US if you are not 245i eligible. If you have been out of status 180 days to 364 days, you may not qualify for consular processing for 3 years. If 365 days or more, 10 year bar applies. Waivers of unlawful presence may be available. Discuss that with an immigration attorney.

No, you cannot apply for employment authorization without applying for a status that would carry with it employment eligibility. Speaking plainly, "husband of a U.S. citizen" is not a valid immigration status. If your B1 status expired, you are not permitted even to remain in the U.S. (despite your marriage), much less - to be legally employed. The only way you can obtain work authorization is through the family-based immigration process (immigrant visa petition+adjustment of status). If you are still in B1 status, you are not permitted to work; accepting employment would violate your status and cancel your visa. However, it is possible to change your status from B1 to a non-immigrant status that does carry with it employment authorization, for example, H1B or L1 status. But it will be much harder than finding a co-sponsor.