Marriage Based Green Card and H1B current status
Jan 18th 2007, 1:54 am
#1
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Marriage Based Green Card and H1B current status
Hi All,
Please help with advise - I hope for some wisdom from all your
experience!
I've just married my fiance of 2 years and beloved boyfriend of 4
years. And now we are heading green card and end of the road for me as
an H1B. I've been H1B with 2 different companies - 2004 - 2005: company
1 and 2005-present with company 2. Since 2005 I've taken 4 trips to
Canada and Mexico all for less than 30 days.
>From what I've read per immigration regulations, I can travel to Mexico
and Canada for less than 30 days and come back only with my H1B paper
and valid passport and that I do not need a visa stamp. So, I've
crossed the border 4 times (2 by car and 2 by air). My last trip was
back from my brief honeymoon to Mexico and as we flew in, we spent 2
hours at the airport, since the immigration autorities kept claiming
that I need a visa. Finally, after we discussed that I already crossed
the border 3 times previously (none of these anywhere else but Canada
and Mexico and all under 30 days) the same way and no one stopped me
and asked for a visa, finally they said that will waive me (aka (parole
me back into the country) and gave me an I-94 and stamped my passport
with the H1B status that the correct expiration date from my H1B
approval paper. They also said that I was out of status and they are
putting me back in status. They said this should not affect my green
card application.
I met with my laywer yesterday and he confirmed that I am fine to
travel to to Mexico and Canada for less than 30 days and return to US
with no H1B visa, but only with passport and H1B approval note. He also
said that I have never actually been out of status because of my 4
trips.
I came to US as a student and did OPT and then got the H1B status.
I want to make sure that I got this right, since I have no H1B visa
stamps in my passport at all - I never got any since I have been an
H1B, but I have also entered and left the country - what are your
thoughts as to what goes on the I-485 form in the section for
Processing Information (Part 3), which asks about non-immigrant visa
number and consulate where visa was issued.
Any suggestions?
Thank you very much in advance!
Milena
Please help with advise - I hope for some wisdom from all your
experience!
I've just married my fiance of 2 years and beloved boyfriend of 4
years. And now we are heading green card and end of the road for me as
an H1B. I've been H1B with 2 different companies - 2004 - 2005: company
1 and 2005-present with company 2. Since 2005 I've taken 4 trips to
Canada and Mexico all for less than 30 days.
>From what I've read per immigration regulations, I can travel to Mexico
and Canada for less than 30 days and come back only with my H1B paper
and valid passport and that I do not need a visa stamp. So, I've
crossed the border 4 times (2 by car and 2 by air). My last trip was
back from my brief honeymoon to Mexico and as we flew in, we spent 2
hours at the airport, since the immigration autorities kept claiming
that I need a visa. Finally, after we discussed that I already crossed
the border 3 times previously (none of these anywhere else but Canada
and Mexico and all under 30 days) the same way and no one stopped me
and asked for a visa, finally they said that will waive me (aka (parole
me back into the country) and gave me an I-94 and stamped my passport
with the H1B status that the correct expiration date from my H1B
approval paper. They also said that I was out of status and they are
putting me back in status. They said this should not affect my green
card application.
I met with my laywer yesterday and he confirmed that I am fine to
travel to to Mexico and Canada for less than 30 days and return to US
with no H1B visa, but only with passport and H1B approval note. He also
said that I have never actually been out of status because of my 4
trips.
I came to US as a student and did OPT and then got the H1B status.
I want to make sure that I got this right, since I have no H1B visa
stamps in my passport at all - I never got any since I have been an
H1B, but I have also entered and left the country - what are your
thoughts as to what goes on the I-485 form in the section for
Processing Information (Part 3), which asks about non-immigrant visa
number and consulate where visa was issued.
Any suggestions?
Thank you very much in advance!
Milena
