Marriage based GC - HELP!

[visaseeker2]

Hello,

Some background:
I am a post-graduate working in the US currently on my OPT. My OPT expires in 2.5 months and my employer is going to start my transition to H1b in the coming weeks. Since I was already on H1b before school this will be a simple Change-of-status application. I recently married a US citizen and am planning to start my marriage based greencard soon.

My questions:
1. Do I wait to get on H1b before starting my marriage based GC or can I start it right away?
2. Is there a benefit to either approach? Will I get screwed with international travel if I apply for my H1-b (thus requiring a Visa stamp when returning to the US) and then start my marriage-based GC process.
3. I have the option for having my employer pay for the GC. Any thoughts there?

I need to make a decision here pretty quickly so would appreciate any guidance and/or advise possible.

Thank you

[nicoeppersma]

Hello,

Some background:
I am a post-graduate working in the US currently on my OPT. My OPT expires in 2.5 months and my employer is going to start my transition to H1b in the coming weeks. Since I was already on H1b before school this will be a simple Change-of-status application. I recently married a US citizen and am planning to start my marriage based greencard soon.

My questions:
1. Do I wait to get on H1b before starting my marriage based GC or can I start it right away?
2. Is there a benefit to either approach? Will I get screwed with international travel if I apply for my H1-b (thus requiring a Visa stamp when returning to the US) and then start my marriage-based GC process.
3. I have the option for having my employer pay for the GC. Any thoughts there?

I need to make a decision here pretty quickly so would appreciate any guidance and/or advise possible.

The H-1B is dual intent, meaning that while it is a non-immigrant visa, you may have immigrant intentions. It will therefor not matter whether or not you will start your marriage based greencard process (I-130) prior to your travel. One thing that you do need to keep in mind is that if you file "concurrently", meaning that you will the I-130 and your I-485 at the same time, your adjustment of status application will be considered abandonded if you travel.

If I was in your case, I would file the I-130, travel to get the visa stamped and subsequently file aos as soon as the I-130 is approved. You'll need some paperwork from your home country anyway (birth certificate, immunication records etc).