都想回家看看父母,都擔心回美及身分問題.論壇討論很多,都被弄糊塗了.下麵是一位白人律師給我的回複.不知對否? 為什麽壇主不請樓上的四位或之一給大家做一個肯定或否定的回答呢?
If you are in H-1B status, you should be able to leave and return even if you have permanent residence pending. I always warn my clients that there is a risk that the port of entry will not allow you in—even though they are supposed to because of the pending permanent residence. For this reason, many of my clients will get an advance parole prior to leaving, and when they return, they ONLY use it if denied re-entry. If you re-enter on the advance parole, it cancels out your H-1B status—so you would want to be sure and have an employment authorization document (EAD) or you won’t have work authorization at all. I would never advise that that my clients rely on advance parole and EAD unless absolutely necessary! If anything happened to your permanent residence case—you would want to be in valid non-immigrant (H-1B status) so you have a status to fall back on.
Also, advance parole processing takes at least 60 days and you must have the approval prior to leaving if you apply. If you have your H-1B, you should be fine to travel. If you don’t have an H-1B in your passport, you would be required to obtain one from a consulate prior to returning to the US. You could go to Mexico or Canada to do this rather than your home country, but you need to contact the consulate and make and appointment and find out what they require you to bring.
With regard to changing employers, if you are in valid H-1B status, you can change employment to another university. You must have the case on file prior to starting the new job. If you want to go to a private company, and have not been counted against the cap, you would need to ask for an October 1, 2006 start date for the H-1B for the new company, and couldn’t begin working until then.
If you are in H-1B status, you should be able to leave and return even if you have permanent residence pending. I always warn my clients that there is a risk that the port of entry will not allow you in—even though they are supposed to because of the pending permanent residence. For this reason, many of my clients will get an advance parole prior to leaving, and when they return, they ONLY use it if denied re-entry. If you re-enter on the advance parole, it cancels out your H-1B status—so you would want to be sure and have an employment authorization document (EAD) or you won’t have work authorization at all. I would never advise that that my clients rely on advance parole and EAD unless absolutely necessary! If anything happened to your permanent residence case—you would want to be in valid non-immigrant (H-1B status) so you have a status to fall back on.
Also, advance parole processing takes at least 60 days and you must have the approval prior to leaving if you apply. If you have your H-1B, you should be fine to travel. If you don’t have an H-1B in your passport, you would be required to obtain one from a consulate prior to returning to the US. You could go to Mexico or Canada to do this rather than your home country, but you need to contact the consulate and make and appointment and find out what they require you to bring.
With regard to changing employers, if you are in valid H-1B status, you can change employment to another university. You must have the case on file prior to starting the new job. If you want to go to a private company, and have not been counted against the cap, you would need to ask for an October 1, 2006 start date for the H-1B for the new company, and couldn’t begin working until then.
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