Travel prior to and GC Processing after marriage to US Citizen

[kats21]

Hi,

I'm currently on my 5th year of H-1B and H-1B visa is to expire in Sep, 2013.

I have been engaged to a US Citizen and we plan to get married in Aug, 2012. Prior to the wedding, we want to travel to India in July, 2012 for 3 weeks.

Can anyone with experience please help me answer my questions:

1. Can I start my GC process (I-130/ 1485) in Sept 2012 (i.e 1 year prior to my visa expiration)

2. How does it matter if I start the GC process during Oct-Dec, 2012?

3. Does the number of years continuous stay in US play a role in my case? Since over the past years, I have traveled to India 2 times for 3 weeks each time.

4. What other things should I be aware of, since this is all new to me.

Thank you for reading my post. I would really appreciate is any help and advise is suggested.

[JoeF]

The one-year issue doesn't apply to family-based GCs. You can't get an H1 extension based on an approved I-130.

And you don't need one, anyway. The I-485 keeps you legal, and with an EAD (takes 60-90 days) you can work.

[kats21]

Thank you JoeF for your valuable advise.