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Entry in USA few days before H1B expires

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Entry in USA few days before H1B expires

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Old Sep 3rd 2003, 2:37 am
  #1  
Taras
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Default Entry in USA few days before H1B expires

Hi

I am on last phase on GC processing and my H1B expires Oct 1. Can it
be a problem if I take a travel abroad and re-enter USA Sept 26 ( 4
days before expiration date) ?

Thank you,

Taras
 
Old Sep 3rd 2003, 2:39 am
  #2  
Gene Meltser
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Default Re: Entry in USA few days before H1B expires

Do you have an Advanced Parole? If not, depending on the stage you are in,
you may jeopardize your GC application. Did you file I-140?

Gene Meltser, Esq.
[email protected]
Birg & Meltser,
Attorneys At Law
(847) 444-9000


"Taras" <[email protected]> wrote in message
news:[email protected]...
    > Hi
    > I am on last phase on GC processing and my H1B expires Oct 1. Can it
    > be a problem if I take a travel abroad and re-enter USA Sept 26 ( 4
    > days before expiration date) ?
    > Thank you,
    > Taras
 
Old Sep 3rd 2003, 5:06 am
  #3  
Taras
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Posts: n/a
Default Re: Entry in USA few days before H1B expires

    > Do you have an Advanced Parole?

I applied for it but did not receive it yet. I have INS receipt though.

    > If not, depending on the stage you are in,
    > you may jeopardize your GC application. Did you file I-140?

Yes, My I-140 is approved. Right now I expecting I-485 approval.

Thanks

Taras

    > > Hi
    > >
    > > I am on last phase on GC processing and my H1B expires Oct 1. Can it
    > > be a problem if I take a travel abroad and re-enter USA Sept 26 ( 4
    > > days before expiration date) ?
    > >
    > > Thank you,
    > >
    > > Taras
 
Old Sep 3rd 2003, 5:36 am
  #4  
Joachim Feise
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Posts: n/a
Default Re: Entry in USA few days before H1B expires

Taras wrote:

    >>Do you have an Advanced Parole?
    >
    >
    > I applied for it but did not receive it yet. I have INS receipt though.
    >
    >
    >>If not, depending on the stage you are in,
    >>you may jeopardize your GC application. Did you file I-140?
    >
    >
    > Yes, My I-140 is approved. Right now I expecting I-485 approval.

As long as you haven't used any EAD you may have, you should be ok
(according to current BCIS regulations, you don't need AP if you have
a valid H1.) But you are cutting it close. If for some unforeseen
reason you have to delay your return you'd be in trouble.
If you have used an EAD, you are no longer on H1 and need AP.
See <http://www.bcis.gov/graphics/services/Emergency/index.htm#Advanced>

-Joe
 

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