Should I apply for a Green Card through marriage or employment?

Question

I am here on an H1-B Skilled Worker Visa and my greencard application has passed the I-130 stage. I am expecting my I-485 to be approved when the new 2009 quotas are released after October 2008 according to the processing timeframe listed on the INS website. My question is in 2 parts:

1. If my employment green card arrived prior to my wedding in April 09, do I have to do anything at all after getting married?

2. If my green card is still pending after my wedding, is it worth or advisable to file some sort of 2nd application based on marriage? What are the implications of this i.e. can I continue to work on my H1-B?

Answer 1

If your employment green card arrives before the wedding, you should not have to do anything.

If not, you can continue to work under your H-1B with no problem. If however, the H-1B is about to expire, as long as your green card is in the works, you can get year by year extensions of your H-1B.

Or you can have her apply for a K1 visa for you once you are married.

Answer 2

I think you should consult with immigration attorney. Congratulations!

Answer 3

Same situation for me.  I was here on an H1B from the UK and married my husband (US Citizen).  I wasn't as far a long in the whole process for employment based green card as you are, but my lawyer advised me that it is far EASIER and quicker to get the green card through marriage.  My H1B expired on Jan 1st, 2008.  My husband and I were married on Nov 3rd 2007, we filed on Dec 7th 2007 and I got my green card in the mail on Apr 20th 2008. The only thing I am not sure about is the fees, if you have to start again from scratch, or if you can just adjust the application?  Talk to your H1B lawyer and see what they think.