All,
My employer is going to be starting my green card soon. Can anyone tell me if I am able to leave the US for a short period of time (2-3 weeks), after the green card process has been commenced? Is this true for the entire green card process, or are there certain periods when I can/cannot leave? Thanks and Regards Douglas |
As long as you have a valid H1B, you can leave and re-enter the US under H1B status
without any problem, regardless of where you are in the greencard process. I'm not sure what the situation is for other visa types. I am towards the end of my greencard processing, and I have traveled outside the US several times a year since I started. Even though I have received Advance parole, my attorney recommended that I continue to use my H1B when I re-enter the US while still waiting for the greencard. Rita > > > > > > > > > > |
What Rita said is basically correct, with a couple of warnings.
You could have a period in which you are barred from travel while waiting for an H-1B extension petition, if the extension petition is not approved before the expiration of the previously approved H-1B petition. If you choose consular immigrant visa processing, you are free to travel as long as you have valid H-1B status and a valid H-1B visa (if you are required to have a visa). If you choose adjustment of status, Form I-485, you are free to travel as long as you have valid H-1B status and a valid H-1B visa, with the exception of one period of time: between the submission of the I-485 to INS and the issuance of the I-797 Receipt Notice. See http://www.immigrationlinks.com/news/news014.htm; you must have your I-797 to travel properly. This used to be a trivial period of time, perhaps 10 days. However, now with the "frontlogs" at the INS Service Centers, it could be a matter for concern. See http://www.usvisanews.com/memo1332.html. Rita B wrote: > > > > > > > > [usenetquote2]> > My employer is going to be starting my green card soon.[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> > Can anyone tell me if I am able to leave the US for a short period of time (2-3[/usenetquote2] [usenetquote2]> > weeks), after the green card process has been commenced? Is this true for the[/usenetquote2] [usenetquote2]> > entire green card process, or are there certain periods when I can/cannot leave?[/usenetquote2] |
[...]
> > > > > > > > > You are so right! Why my lawyer did not mention this info when I asked him --prior to booking my ticket--? Now I have to cancel my trip, thanks to your note. 67 days since we sent the AOS to SSC and still no receipt. How long is too long? Can I do anything? O |
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