Travel while pending GC

[meer]

I have a complicated situation. I will try my best to explain it precisely.

Have been on H-1B since Dec 2002. My current H-1B status expires on Dec 1, 2006. The visa stamp in my passport also expires on the same date, as does my current I-94.

I got married to an American citizen earlier this year and filed I-130, I-485 and I-131 in the middle of October. I have receipts for each of them with a notice date of 18 Oct 2006. I missed filing I-765 for EAD. I am sending it in today. So, it will be a month late.

First set of questions:
1. I understand that after 1st Dec, I will lose my ability to legally work because my H-1B would have expired and I would not have an approved EAD. Is this correct?

2. If this is correct, is my best option to renew my H-1B? My company is willing to do it but I am wondering if my pending GC application will suffer or impede this in any way.

3. If I do apply for a renewal/extension of H1-B, should I get it premium processed or can I continue working legally after 1st Dec while my extension is pending?

4. At a later date, when I receive my EAD, can the company cancel my H-1B without affecting my status? They would like to keep their H-1B slots open for others.

Now for the added complication:

I have to travel for work to Hong Kong from the 16th till 31st of Dec. This is necessary travel and my company shall provide documentation to that effect. Keep in mind that my H-1B stamp in the passport will have expired by then. I still need to get back to the US.

The questions are:

1. Should I only travel if I have an approval on my Advance Parole by then? It seems that I may not get the approval in time unless I go for InfoPass/emergency request. Should I go for that?

2. In the case I have my H-1B extension approved by then, should I try to get a new visa stamp in Hong Kong to enable me to reenter? Will they accept my application? Will they grant me a non-immigrant visa inspite of my pending application for an immigrant status?

3. In the case I have my H-1B extension approved by then, is it alright for me to travel without an Advance Parole (if they refuse me an emergency one) without jeopardinzing my GC application?

4. If I do get an Advance Parole but no H-1B extension, can I still travel and return into the country, given that I will have no legal approval to work here? Can I still say that I am travelling for work?

If you are still reading this, I already owe you a ton of thanks. I will really appreciate if you could enlighten me on these issues.

 

[meer]

And I forgot to add one more question:
My wife, the petetioner, just changed her job (after the application). Do we need to notify USCIS etc. about it? Will it have any adverse effect on my process?

Thanks again!

 

[gunt]

First set of questions:
1. I understand that after 1st Dec, I will lose my ability to legally work because my H-1B would have expired and I would not have an approved EAD. Is this correct?

yes

2. If this is correct, is my best option to renew my H-1B? My company is willing to do it but I am wondering if my pending GC application will suffer or impede this in any way.

yes renew the H1B. No impact on your GC application unless your GC is approved before the H1B, then H1B will be denied, but that is no issue to you at that point anyway.

3. If I do apply for a renewal/extension of H1-B, should I get it premium processed or can I continue working legally after 1st Dec while my extension is pending?

you can continue working for 240 days after the receipt notice date while it is being processed even if the current H1B has expired. Do not leave the country however after the expiry of your current H1B or the renewal will be considered abandoned.

4. At a later date, when I receive my EAD, can the company cancel my H-1B without affecting my status? They would like to keep their H-1B slots open for others.

yes they can cancel the H1 without impacting your status.

I have to travel for work to Hong Kong from the 16th till 31st of Dec. This is necessary travel and my company shall provide documentation to that effect. Keep in mind that my H-1B stamp in the passport will have expired by then. I still need to get back to the US.

1. Should I only travel if I have an approval on my Advance Parole by then? It seems that I may not get the approval in time unless I go for InfoPass/emergency request. Should I go for that?

No. if you use the AP to re-enter, then your H1 has become invalidated and since you don't have EAD, you would be unable to work. Travel under the H1B.

2. In the case I have my H-1B extension approved by then, should I try to get a new visa stamp in Hong Kong to enable me to reenter? Will they accept my application? Will they grant me a non-immigrant visa inspite of my pending application for an immigrant status?

yes they will grant you a new non-immigrant status because H1B is considered a Dual Intent visa.

3. In the case I have my H-1B extension approved by then, is it alright for me to travel without an Advance Parole (if they refuse me an emergency one) without jeopardinzing my GC application?

yes, it has no impact your GC application as you can re-enter the US on your dual intent H1B.

4. If I do get an Advance Parole but no H-1B extension, can I still travel and return into the country, given that I will have no legal approval to work here? Can I still say that I am travelling for work?

yes you can re-enter the US with AP, but upon doing so you would be ineligible to work until your EAD was approved. No need to say why you are travelling.

 

[gunt]

My wife, the petetioner, just changed her job (after the application). Do we need to notify USCIS etc. about it? Will it have any adverse effect on my process?

No impact. will be covered at the immigration interview.

 

[meer]

Thank you gunt. That was very helpful.

So, to summarize what you are saying:

No matter what, I should get my H-1B extension premium processed and approved before I leave and travel on its basis. I should not care about advance parole and not even bother with emergeny AP. That will take care of my reentry as well as working permit.

In that case, I will have to necessarily get a new stamp in HKG. Being an Indian citizen, is that a problem? Should I speak with the US Consulate in HKG to confirm that they will entertain my application? Is there a regulation limiting the countries where I can apply for a new visa based on my citizenship?

Thanks again!

 

[sarrebal]

When is the RD for your applications (especially AP and EAD)?

Ideally, you would have your H1B extension approved by then (do premium processing) and keep H1B status.

If not, you're gonna have to use your AP (and EAD to keep working legally).

If you haven't received them by then, you can't travel and work until you receive them (or GC is approved).

 

[sarrebal]

I forgot.
Since your H1B visa stamp will be expired, be sure to make an appointment at the HKG consulate to get a new visa stamp, otherwise you can't re-enter the US.

 

[meer]

Thanks, Sarrebal.
Do you think I can get a stamp in Hong Kong eventhough I am a citizen of India?

 

[sarrebal]

Thanks, Sarrebal.
Do you think I can get a stamp in Hong Kong eventhough I am a citizen of India?

I'm not 100% sure about this.
The company's lawyers that took care of my previous H1Bs always told me to go to the US Consulate in my native country to get the visa stamp.

But a friend here in NYC was able to go to Toronto for the visa stamp.
You should be able to go to HKG for the stamp.
Just check with them.

 

[tapskap]

Thanks, Sarrebal.
Do you think I can get a stamp in Hong Kong eventhough I am a citizen of India?

Yes.You dont necessarily have to go back to your home country.Lot of people get it done from Canada.

 

[TheRealCanadian]

Do not leave the country however after the expiry of your current H1B or the renewal will be considered abandoned.

It's not his petition, so there is nothing that he can do to cause it to be abandoned.

No. if you use the AP to re-enter, then your H1 has become invalidated and since you don't have EAD, you would be unable to work. Travel under the H1B.

This is completely incorrect, since the Cronin Memorandum in the late 1990s.