Marriage, H1 6 year limit and 140 485 simult filing!!

[nilnews]

Hi,

I have 6 months to go before H1 6 years are over.

if my new employer is willing to do labor substitution(?) and file for I140 and 485 simult, I am investigating to see if it can be done and debating if I should go for it.

Now the Question is,

How will getting married affect it?
What are the rules about it?
Some one mentioned that I can get married and be able to sponsor my spouse while my H1 is still valid (thus giving me only 6 month window).
Once H1 expires, I may be able to extend my stay and get 7th year ext etc but If/when I get married after that, I can not sponsor my spouse.

Please educate me on this. Also, if you have any relevant links which might give more insight into this, please share.

Thanks.

 

[GCApplcnt]

LC sunstitution means that LC was approved for someone else, but because the company "owns" LC, it's free to give it to somebody else - in this case you.
As far as your future marriage, according to http://www.usvisanews.com/wedquest010803.html bullet 6:

1) Your spouse may be added to your pending I-485 so long as the marriage takes place before the I-485 is approved and your spouse is in the U.S. in lawful status. Your spouse is not eligible to be added to your pending I-485 if he/she is outside the U.S.

(2) Adding your spouse to your I-485 should not have a significant impact on your pending I-485, but additional time will likely be needed for adjudication of this additional request.

(3) Your pending I-485 maintains your lawful status so long as it was filed while you held lawful status in the U.S.

If your future spouse is already in the US, you can - and probably should - file for I-140/I-485 immediately. Your being or not being on H1 is irrelevent. After you get married, s/he can be added to your I-485.
If s/he's not here - things get complicated. Your best shot would be to :
1. File I-485/I-140 immediately
2. At the same time get married and bring your spouse to the US on H4. This may mean you would need to extend your H1... and I'm not sure if you're eligible for that. Under normal circumstances you should be eligible for 1 year extebsion if your LC has been pending for a year or more... which is not applicable here
3, Once s/he is here, s/he can be added to your I-485.

You obviously need to consult lawyer ... and keep in mind, time is of essence here
Hope this helps
Good luck