Can I travel to my home country on a work permit that I get after filing the green card ?

Asked over 2 years ago - Buffalo, NY

I am on H1b visa now. I will be getting married in a couple of months with a US citizen.

I will be filing my green card then. I have heard Before u get a green card , you can get your work permit. Is that rite ?

Can I travel abroad to my home country on that work permit ?

How long will it take to get my green card ?

Attorney answers (3)

  1. David Eli Larson

    Pro

    Contributor Level 15

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    Answered . Best wishes for a long and happy marriage. You should maintain your H-1B status while your "green card" application is being processed. That way, if any complication arises, and the "green card" process does not complete successfully, you are still in valid H-1B status. As long as you are in valid H-1B status you may travel outside the US and reenter using your valid H-1B visa. If your H-1B visa has expired, but your H-1B status has been extended while you were in the US, you will have to renew your H-1B visa before reentering the US. When you file your Form I-485 Application for Adjustment of Status("green card" application), you may also file for employment authorization and for Advance Parole, which is permission to exit the US without abandoning your Form I-485 Application. As I said earlier, however, as long as you maintain H-1B status, you can exit and reenter the US in H-1B status while your "green card" application is processing.

  2. Jason Todd Lorenzon

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree with my colleague. Keep you H1-B Status, and when you apply for your green card, you can also apply for advanced parole which will enable you to travel outside of the United States for personal bona fide reasons. However, you should consult with an immigration attorney to go over the specific facts and circumstances of your case. Good luck!

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to... more
  3. Peter Hills Acker

    Contributor Level 13

    2

    Lawyers agree

    Answered . My colleagues provide excellent advice. Under these cicumstances one should keep their H-1B status throughout the adjustment process. Generally speaking, absent certain inadmissibilty issues, the adjustment process can take between 6 months and 1 year. It can take longer under certain circumstances.

    I highly suggest that you speak with an immigration atorney about your specific case and plans and what option may be available to you. Good luck.

    No information contained in this message, unless expressly denoted therefor, is intended to establish any attorney... more

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