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  1. #1

    Smile H1b Getting Married to U.S. Citizen

    1. Entered in USA on F1 status. Got H1B approval before 1 month. H1B started from 01 October 2011. Did not go abroad yet to stamp my h1.
    2. Planning to have stamp on my H1B in Feb first week of 2012.
    3. Planning to getting married to 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 Feb? And I can reenter USA on my approved GC or some other form instead of standing overseas to get H1b stamp.

    Working on H1b, if I do file GC then do i need any approval to continuing my work?

    Kindly Advise.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: H1b Getting Married to U.S. Citizen

    There's no "one size fits all" answer to your question. You may find it beneficial to complete your travels on your H1B visa before starting the process of adjusting your status. As a H1B visa is a dual intent visa, the fact that you plan to immigrate does not affect you the way it would if you were still on a F1 visa or if you were a tourist. If you petition to change your status based on marriage before you travel, you should make sure to petition for and be granted advance parole before you travel. As you want to continue working, when you do petition to change your status based on marriage you will want to petition for employment authorization (EAD).

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