GC in process + valid H1 visa, Problem with entering the States?

M

MrSkyMour

Registered Users (C)
Hi All,
I have a green card in process (got the labor certificate and did the finger prints 3 months ago) and I also have a valid H1B(work visa) until 2006. Now I have to go back home for vacation (Egypt) and I heared from some people that If I have a green card in process, I might have some troubles when coming back to the US. like they could deport me back or they could deny my green card application that's because I left the country while the green card in process.. :confused:
While this doesn't make lots of sense to me cause I have a valid H1, I'm worried cause who know! I have to ask to make sure that it's safe... my flight to go back home is in a week and I want to make sure that I will be able to enter the States.

thanks!
 
If your H-1B visa in your passport is valid, you can enter without a problem.

The problem exists only for those who either: a) don't have a valid H-1B visa in their passport or, b) who have used their EAD to work -- in case b, one must get an advance parole from USCIS before leaving the US.

If your H-1B VISA is expired or invalid, plan to get a new one in Cairo. The wait time there may very well suck --- 2 to 3 months.

At the port of entry, do not lie, if asked if you have an immigration petition. It is legal to have a pending immigration petition on H-1B.
 
Thanks so much !@#$ ( what is !@#$ ?)
I have a brand new stamped H1 extension on my passport.
My conversation with my Attorney 3 months ago was like this:
Me: I will leave the States for vacation, my H1 is expiring, should I get Advance Parol or H1 Extension?
My Attorney: both would work in your case.
Me: Alright, I might get married and I will need to file H4 for my spouse so I will get the H1 extension.
My Attorney: this would work...

Few months later and I got the extension stamped by the S.Louis office ....
and I heared that the stamping by S.Louis office has been closed last July ! is that right?! omg,, they are making it more tedious to get anything done...
 
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