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Question: What if I go out of USA and my Green Card arrives?

Seeker

mattcurey

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2 bids

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$10.00 place a bid

End Time

02/29/2012 00:00

Detailed question

I am a valid H1B visa holder and my Green Card Labor application was filed in / my priority date is May 2003. I have already received approved Labor certification and I-140. My I-1485 was filed in June 2007 is still pending under EB3 category.

I have still maintained my H1B visa (valid until 2011) and until now I have always travelled on it. I have also received an EAD (but not used) and Advance Parole (valid until Aug 2009). My wife has received EAD and started working here. So now she does not have any H4 visa and will travel to India only on her Advance Parole.

If we both go to India for 10 months and if our Green card arrives meanwhile, can we both just come back and enter USA on the Advance Parole? This is assuming that my employer allows me leave without pay for 10 months.

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