My H1b visa is due to expire in November 2004 as I have reached the 6 year limit. I am in the process of applying for a green card through my employee and therefore will be able to renew the H1b visa annually until my permanent residence application is granted. However I am getting married to a US citizen in August. Which would be the quicker option, to continue to renew my H1b visa in November through my employee or should I file an application as a spouse of a US citizen after the wedding. If I file as a spouse would I need to refile my H1b extension application.

Thanks

It’s difficult to say without more information which route will be quicker for you to obtain a green card. It depends, on the one hand, on what stage you are at for the employment-based application and, on the other, where you and your husband live (processing times for family-based green card applications range from 90 days (in Baltimore, MD) to more than 2½ years (in Orlando, FL)).

Another factor to consider is that if you do not renew your H-1B visa and there is a problem later with your marriage-based green card application, you may not be able to return to H-1B status.

In order to fully explore your options, you should speak to an attorney. If you would to schedule a consultation with me, either in person or by telephone, please contact my office.