Douglas Garstang

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

Rita B

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

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Sylvia Ottemoeller

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:

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[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]

O

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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