Reentry permit in H1B status?
Oct 8th 2004, 6:00 pm
#1
Guest
Posts: n/a
Reentry permit in H1B status?
Hello visa and immigration gurus,
Could someone help with advice on the following: I am on H1B status
(haven't left the US after obtaining it) and plan to go home and while
there apply for a visa to come back to the US. However, my employer
will apply for CG as well. Now what are my chances to get a H1B visa
while I have the CG application pending and I am out of the country?
I know H1B is a dual intent visa, but is it advisable to apply for a
re-entry permit before leaving (and don't actually leave before having
it hand)? It is not so much about money, although fees are steep and
there are three of us, but I have also read here that it is much
better to be on a H1B visa than being basically "parolled" into the
country on a re-entry permit, which also I imagine make futher travel
problematic. Any advice is greatly appreciated. Thank you!
Could someone help with advice on the following: I am on H1B status
(haven't left the US after obtaining it) and plan to go home and while
there apply for a visa to come back to the US. However, my employer
will apply for CG as well. Now what are my chances to get a H1B visa
while I have the CG application pending and I am out of the country?
I know H1B is a dual intent visa, but is it advisable to apply for a
re-entry permit before leaving (and don't actually leave before having
it hand)? It is not so much about money, although fees are steep and
there are three of us, but I have also read here that it is much
better to be on a H1B visa than being basically "parolled" into the
country on a re-entry permit, which also I imagine make futher travel
problematic. Any advice is greatly appreciated. Thank you!
Oct 10th 2004, 6:08 pm
#2
Guest
Posts: n/a
Re: Reentry permit in H1B status?
On Fri, 08 Oct 2004 23:00:47 -0700, JustCurious wrote:
> Hello visa and immigration gurus,
> Could someone help with advice on the following: I am on H1B status
> (haven't left the US after obtaining it) and plan to go home and while
> there apply for a visa to come back to the US. However, my employer
> will apply for CG as well. Now what are my chances to get a H1B visa
> while I have the CG application pending and I am out of the country?
Shouldn't be a problem.
> I know H1B is a dual intent visa, but is it advisable to apply for a
> re-entry permit before leaving (and don't actually leave before having
> it hand)?
You wouldn't qualify for a reentry permit. You might be thinking about
Advance Parole. If you filed the I-485 (the last step in the GC process)
already, then you would indeed qualify, and it may be a good backup plan.
> It is not so much about money, although fees are steep and
> there are three of us, but I have also read here that it is much
> better to be on a H1B visa than being basically "parolled" into the
> country on a re-entry permit, which also I imagine make futher travel
> problematic. Any advice is greatly appreciated. Thank you!
I would apply for the Advance Parole, travel, and apply for the H-1B visa
anyway. If there is a problem with the visa, simply use Advance Parole.
There is no requirement that you have to use it just because you have it.
BTW, if you do use the Advance Parole, you also need to apply for an EAD
in order to be allowed to work.
Since you say "we three" let me also mention that if your wife or child
choose to apply for an EAD and take up a job, they no longer have a
choice. They would be *required* to use Advance Parole; by working, they
essentially gave up the H-4.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hello visa and immigration gurus,
> Could someone help with advice on the following: I am on H1B status
> (haven't left the US after obtaining it) and plan to go home and while
> there apply for a visa to come back to the US. However, my employer
> will apply for CG as well. Now what are my chances to get a H1B visa
> while I have the CG application pending and I am out of the country?
Shouldn't be a problem.
> I know H1B is a dual intent visa, but is it advisable to apply for a
> re-entry permit before leaving (and don't actually leave before having
> it hand)?
You wouldn't qualify for a reentry permit. You might be thinking about
Advance Parole. If you filed the I-485 (the last step in the GC process)
already, then you would indeed qualify, and it may be a good backup plan.
> It is not so much about money, although fees are steep and
> there are three of us, but I have also read here that it is much
> better to be on a H1B visa than being basically "parolled" into the
> country on a re-entry permit, which also I imagine make futher travel
> problematic. Any advice is greatly appreciated. Thank you!
I would apply for the Advance Parole, travel, and apply for the H-1B visa
anyway. If there is a problem with the visa, simply use Advance Parole.
There is no requirement that you have to use it just because you have it.
BTW, if you do use the Advance Parole, you also need to apply for an EAD
in order to be allowed to work.
Since you say "we three" let me also mention that if your wife or child
choose to apply for an EAD and take up a job, they no longer have a
choice. They would be *required* to use Advance Parole; by working, they
essentially gave up the H-4.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
