Green Card just started, How can I Travel?

[Kathmandu]

Hi all,
I'd appreciate if I could get some answer on this:

Recently I had travelled to Canada and while trying to get H1B Visa, they told me I had to go through 'Name Clearance' process because of the work I do (Technology Alert List).
I got the visa after 2 months of wait, but the visa was good for 3 months only.

I need to travel to my country (Nepal) on May 2005 for my own wedding and thus my company is willing to help me by sponsoring Green Card for me. I have just worked 2 years in my H1B visa.

Can I goto my country on May 2005 with the Green Card process just started? They haven't filed yet, but will file within a week.
It will take years for me to get the green card (employment based), so is there a provision for people like me to get some documents (LC or Advance Parole) that will allow me to goto my country and come back without hassels?

Please advise.

 

[IN_LC]

Kathmandu,


1 - How long you have been in U.S. on H1-B status ?
2 - What your company is gona file after week ? ( LC to State or Region, I-140 or I-485).

 

[Kathmandu]

In_LC
Thanks for the quick reply.
To your questions:

1 - How long you have been in U.S. on H1-B status ?
I am on the status since December 2003. I got the Visa stamp on July 20th.

2 - What your company is gona file after week ? ( LC to State or Region, I-140 or I-485).
My lawyer is figuring out if we can apply for RIR or not. Once that is sorted, I believe he will file for my I-140 along with LC. I am not sure about I-485 as I don't have approved immigrant visa number yet

My big question is how soon would I be able to goto my country?

 

[gp111]

My lawyer is figuring out if we can apply for RIR or not. Once that is sorted, I believe he will file for my I-140 along with LC. I am not sure about I-485 as I don't have approved immigrant visa number yet

My big question is how soon would I be able to goto my country?

How can you apply I-140 before LC approval ??? I-140 can only applied if you get Labor Certified or you are doing labor substitution..


There are no restrictions on going out of country if your LC/I-140/I-485 is in process. If you have current H1 you do not need any other document to re-enter. After you apply for I-485, you can apply for AP which can be used to re-enter if your H1 expires.

 

[IN_LC]

In_LC
Thanks for the quick reply.
To your questions:

1 - How long you have been in U.S. on H1-B status ?
I am on the status since December 2003. I got the Visa stamp on July 20th.

2 - What your company is gona file after week ? ( LC to State or Region, I-140 or I-485).
My lawyer is figuring out if we can apply for RIR or not. Once that is sorted, I believe he will file for my I-140 along with LC. I am not sure about I-485 as I don't have approved immigrant visa number yet

My big question is how soon would I be able to goto my country?

Kathmandu,

Answer to your original questions,


H1-B is granted for Maximum of 6 year, 3 year initialy and then 3 year extension. 365 days before the the experation of you H1-b 6 year period if you start green card process you get eligible for yearly extension until you case is approved or denied.

In your case, as the first step to Green Card is labour certification, your lawyer needs to file for labour certification before December 2005 to take advantage of yearly extension after 6 year period for H1-B. I think you are ok there.

Try to return to US from you trip abroad before your visa on the passport expires just to aviod the hassel to meet the visa renewal requirement now days. But if you dont have any option then dont worry ask your lawyer to provide you with the required document so you can get your visa renewed while you are abroad.

Hope this help..

 

[Kathmandu]

GP111 and IN_LC
Thanks a bunch for the timely replies.

My big question still remains, I probably didn't clarify it better.

MY H1 Visa expires end of this month(I was only issued a visa valid for 3 months because my work is in Technology Alert List). I need to travel my country on May 5. Although I would be in H1B Status (I just got H1B last year), my visa is expired so I need to apply for a new H1B visa.
Problem is, last time I applied for the visa, it took me 2 months for my name to get cleared. I cannot afford this to happen again as I am relatively new in my job. I thought my starting Green Card process (filing LC) it would give me few more options that H1B couldn't.
Is there a way that I could visit my country without being held up for 2 - 3 months for the name clearance?

Thanks again.

 

[IN_LC]

GP111 and IN_LC
Thanks a bunch for the timely replies.

My big question still remains, I probably didn't clarify it better.

MY H1 Visa expires end of this month(I was only issued a visa valid for 3 months because my work is in Technology Alert List). I need to travel my country on May 5. Although I would be in H1B Status (I just got H1B last year), my visa is expired so I need to apply for a new H1B visa.
Problem is, last time I applied for the visa, it took me 2 months for my name to get cleared. I cannot afford this to happen again as I am relatively new in my job. I thought my starting Green Card process (filing LC) it would give me few more options that H1B couldn't.
Is there a way that I could visit my country without being held up for 2 - 3 months for the name clearance?

Thanks again.

No you can not. In Green Card process you have to go through the LC and then apply for I-140/485. Only after 90 days approval pending of I-140/485 you will be given AP to travel abroad and return to US without valid H1-B.

You have to get your H1-B extended and visa revalidated. The earliest you can apply for the extension is in December 2004 if your visa expires on May 2005 ( 6 Month before experation ).

Starting GC process will not help you until you get at 90 days approval pending stage for I-140/485

 

[Kathmandu]

IN_LC
You have been such a great help. Thanks a bunch.
By the way, my Visa expires on Nov 12, 2004 although I just got the H1B status since December 2003.
Thanks again.