Legal Question in Immigration Law in California

H-1B Stamp or File for Change of Status to Travel In/Out of USA?

Hi,

My husband came to the States on a student visa then changed it to a H-1B. He never got the stamp so wasn't able to travel in/out of the US. But since we recently got married (I'm a US Citizen) we have a wedding reception and honeymoon to go to in Turkey for this August.

What is the fastest and least pain-free process he needs to work on? Is it getting a H-1B Stamp from US consulate in Turkey or Filing for Change of Status here?

Please advise. Much appreciate!


Asked on 6/07/06, 2:19 pm

3 Answers from Attorneys

Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: H-1B Stamp or File for Change of Status to Travel In/Out of USA?

Filing for a change of status here and apply for an Advance Parole at the same time.

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Answered on 6/07/06, 2:24 pm

Re: H-1B Stamp or File for Change of Status to Travel In/Out of USA?

It sounds to me like you should speak to an attorney to clarify your confusion. A change of status means from an F to an H-1B for example. In order for your husband to travel outside the US he will either need the H-1B visa stamp to come back to US (where he will need to make an appointment w/ the US consulate in Turkey), or you should file the I-130/I-485 petition for him to obtain his permanent residence based on your marriage, and then at the same time apply for advanced parole which would give him permission to enter the US. To obtain the Advanced parole, it is generally taking a minimum of 45-90 days from the date of filing the application. For further question, contact our law office at [email protected]

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Answered on 6/07/06, 2:28 pm
Larry L. Doan Law Office of Larry L. Doan

Re: H-1B Stamp or File for Change of Status to Travel In/Out of USA?

I already answered this question for your husband on here yesterday! The answer is still the same.

Larry Liem Doan, Esq.

www.GuruImmigration.com

Note: The above response is provided for legal information only and should not be construed as legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a paid consultation can be arranged. Please visit our website www.GuruImmigration.com for details.

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Answered on 6/07/06, 4:15 pm


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