Greencard holder marrying non US Citizen on H1B

[klm9971 5]

I have a friend who has a GC through a marriage. She married a US Citizen and got divorced after 3 years, but didnt last for filing for US Citizenship. Now she is getting married to a guy who is a H1B holder in USA. So my question is that, whether the guy has to go back to his home country and wait for 2-3 years (whatever the time is) or he can stay in H1B visa until that girl gets a 5 year in her GC and file for citizenship and then the guy can get his GC? She is so confused. Anyone can answer please?

[Gosia & Tito 199]

I have a friend who has a GC through a marriage. She married a US Citizen and got divorced after 3 years, but didnt last for filing for US Citizenship. Now she is getting married to a guy who is a H1B holder in USA. So my question is that, whether the guy has to go back to his home country and wait for 2-3 years (whatever the time is) or he can stay in H1B visa until that girl gets a 5 year in her GC and file for citizenship and then the guy can get his GC? She is so confused. Anyone can answer please?

H1B holder can stay until the H1B itself expires (which has a max time of 6 years as I recall, so depends on how much time is left, no info posted on that); marrying does not change that. The above is regardless of what path his future wife takes. From the post itself, it would seem there is enough time left in H1B that future wife would be a citizen before expiration.

In the meantime (and I'm not as certain, I'll let others chime in), she could file a petition in the F2A category after marriage and then upon getting citizenship, change to an immediate relative.