Dhavul Sehgal
New Member
Hi,
I have a unique situation that I need help with. I am currently on my H1B visa (valid till October 2015) and have quit my job. I am going to India in September. My fiancé is in the USA on her H1B. Here I-140 is approved and her priority date is current. She has withheld the filing of her I-485 till we get married so that she can file for my green card as well along with her application. She is not accompanying me to India.
I want to come back to the US after a few months.
My employer will not cancel my H1B as they want me to work remotely part-time from India and may want me as a part-time employee in the future when I come back. I think I shouldn’t have a problem coming back to the USA if my H1B is still valid. Here are my questions/concerns:
1. What happens if my employer terminates my employment when I am away. How would I be able to come back to the US then?
2. I would like to hold off getting married until I am back in December, but is it advisable that I get married to her before I leave the States, so that I may come in on an H4?
3. What happens if I come to the US and then my employment is terminated? Can I get married and apply for a transfer of status to H4 then?
4. Assuming everything goes well and my I-485 is filed with my wife’s in December 2015. Would I be able to travel to India in February 2015 on my existing visa or would I need something like advanced parole?
5. What would happen if the I-485 is approved while I am still in India? Would I be allowed to re-enter the US on my H1B/H4 visa?
Your advice is appreciated.
Best,
DS
I have a unique situation that I need help with. I am currently on my H1B visa (valid till October 2015) and have quit my job. I am going to India in September. My fiancé is in the USA on her H1B. Here I-140 is approved and her priority date is current. She has withheld the filing of her I-485 till we get married so that she can file for my green card as well along with her application. She is not accompanying me to India.
I want to come back to the US after a few months.
My employer will not cancel my H1B as they want me to work remotely part-time from India and may want me as a part-time employee in the future when I come back. I think I shouldn’t have a problem coming back to the USA if my H1B is still valid. Here are my questions/concerns:
1. What happens if my employer terminates my employment when I am away. How would I be able to come back to the US then?
2. I would like to hold off getting married until I am back in December, but is it advisable that I get married to her before I leave the States, so that I may come in on an H4?
3. What happens if I come to the US and then my employment is terminated? Can I get married and apply for a transfer of status to H4 then?
4. Assuming everything goes well and my I-485 is filed with my wife’s in December 2015. Would I be able to travel to India in February 2015 on my existing visa or would I need something like advanced parole?
5. What would happen if the I-485 is approved while I am still in India? Would I be allowed to re-enter the US on my H1B/H4 visa?
Your advice is appreciated.
Best,
DS