What to do about greencard application and H1B visa?

I entered the US on an F1 status; I got an H1B (started last month). I’m planning to have stamp on my H1B in 4 months. I’m also planning to getmarried to a US citizen in a week. Do I start my greencard application now or wait to come back from my home having stamping of H1? Is it risky to file GC application and get stamping of H1 somewhere outside? I am working on my H1B, if I file GC then will it be approved before the next 4 months-? And I can reenter the USon my approved GC or some other form.

Asked on November 3, 2011 under Immigration Law, Maryland


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not a problem to get married and file for your adjustment of status and then travel outside the US but you  may not need to do so.  If you get married and file for your AOS, you will most likely be interviewed by the local USCIS office within 4-6 months and if you are approved, you will get a green card shortly thereafter.  You may not even need to get a visa in the meantime.  If you need to travel internationally before then, you can and the fact that you are married to a US citizen should not affect your ability to get a H-1B visa since H-1B is a dual intent visa (you can have it and be seeking permanent residence at the same time).

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