Extended H1B -> Family-based GC - process?

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shinkansen

Registered Users (C)
Here's a situation:

- Already in the US on H1B, just starting 4th year on H1B (entended until the middle of 2009).
- H1B extension is approved but I need to leave the country and go to an embassy to get the passport stamped so that I can re-enter the US.

Questions
- If I get married to a US Citizen, should I get my passport H1B stamped before filing for family-based GC? AOS?
- How soon after getting married to a US Citizen can I work at a job other than the one specified on my H1B?

I'd like to be able to travel outside the US a few times each year which I can do with H1B but I wasn't sure if I file for family-based GC, that it takes over from my H1B, and I can't leave the US until my GC gets approved?

Thanks!
 
shinkansen said:
- If I get married to a US Citizen, should I get my passport H1B stamped before filing for family-based GC? AOS?
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That would probably be best, although as far as I know there's nothing to stop you going abroad for your H1-B stamp after you file AOS. Personally I would do it before just to be safe though.
- How soon after getting married to a US Citizen can I work at a job other than the one specified on my H1B?
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However long it takes for your Green Card to process, or if you apply for an EAD, for your EAD to arrive (mine took about 80 days). Note that the use of an EAD will invalidate your H-1B, so you won't be able to travel on that any more.

I'd like to be able to travel outside the US a few times each year which I can do with H1B but I wasn't sure if I file for family-based GC, that it takes over from my H1B, and I can't leave the US until my GC gets approved?
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No, as long as you don't use an EAD, your H-1B remains valid during AOS, and you can continue to travel on it as you did before. H-1Bs are one of the few visas that allow this.
 
So, reading your response, it's probably best for me to get married, file for AOS... But not worry about EAD... As that adds restrictions that I don't currently have with my H1B.
 
The EAD adds restrictions, in that your H-1B becomes invalid so you can't travel, but with an EAD you can work for anyone you like, so in some ways its more free.

I guess it depends on what your priorities are. Do you want to travel, or do you want to quit your job?
 
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