Legal Question in Immigration Law in Colorado

leaving US when green card is at i140 stage

hi

am from india.

my green card is currently at the i140 stage filed on eb2 category and am on the 5 th yr of my h1..

i would like to leave US and stay out of the country for 1 yr,for some personal reasons..

is this possible

will it affect my green card process...

what are the complications associated with it and how to avoid them..


Asked on 11/15/08, 9:43 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: leaving US when green card is at i140 stage

If you keep your H1B visa current you should be able to travel, but if your last extension was done while you were in the US, you will need to apply at the US Consulate for the H1B visa.

You can leave the US while the I-140 is pending but will not be able to return unless you have an approved H1B visa in your passport that is valid for the date you want to return.

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Answered on 11/17/08, 11:33 am


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