If the employer is filing for one's green card, but the process is not completed by the 6-year expiration of the H-1B visa, what are the risks of leaving the country? I understand one CAN leave but has to file for "advance parole"? how does that work and how long it takes for the advance parole?
Thanks,
Answer:
A person is not eligible for Advance parole unless his priority date becomes current. AP is a document filed by people who has filed for GC (485) to say that they are going through adjustment of status. If you have already filed for 485 ask your lawyer to file both AP(131) & EAD (765). They are generally approved in a span of 45-60 days. If you haven't filed for 485 you are not eligible for AP/EAD. You have to have 7th year visa extension of your H1 and you should have visa stamped when ypu come back to US. Please check immigrationvoice.org and other immigration forums.
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