Getting married when I am on H1

[topcatin]

Hello Everyone, I am right now on H1 visa and it is valid till 2010 May.

I have the following questions:
1. How soon should I renew my visa?
2. I will be travelling to India in July 2009 and return probably in August 2009, I shouldn't have a problem since my visa has only 1 year left?
3. I am getting married to a GC holder in India next year in July 2009, is this is an issue since I am on h1?

I would really appreciate it, if you guys can answer these questions.

Thank you,

Topcatin

[C4us]

Marrying a GC holder gets you no special priviledges for at least 5 years. You will need to maintain you own legal status. You need to extend your H1B - if possible, get your own GC, or leave the country for 1 year to reset the clock and then apply for a new H1B under quota.

[topcatin]

Thanks for your reply. I am not worried about green-card or anything. I just want to know whether there will be a problem at point of entry just because I am a H1 holder and my wife is a green-card colder. I do have a H1 which is valid till 2010 May. l am making a trip in July 2009 and will return in August 2009 back to the US. This should be fine right since I have a H1 valid till May 2010?

[C4us]

There is no entry problem, H-1b is a dual intent visa so the fact that your spouse has a GC has no effect on you. This is different from F1 and B1/B2 visas where having a GC spouse presumes that you have immigrant intent which is not allowed on these visa statuses.

You should consider having her file for your GC based on being the spouse of a GC holder and upgrade it after naturalization. The time to receive GC based on spouse of GC holder is currently showing 5-6 years so be sure that you understand the implications of that timeline.