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Old 11-05-2010, 12:16 AM
GCHope2011 GCHope2011 is offline
Donor
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
08/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/11/2007
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Join Date: Jun 2010
Posts: 202
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Quote:
Originally Posted by rc123 View Post
Hi All,

I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?

I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

Please help...

Thanks in advance
Ritu
Answers:
1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).

2. SR to speed up processing might not be of much help

3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have

Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).

Hope it helps.
__________________
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Donated $350 (Monthly donor) + $200 Post GC
Participated in 2011 Advocacy Day in DC
RFE: BC in 2009/ Proof of Employment Authorization on July 8th, 2011
Greened on 07/16/2011
Cards Received on 07/21/2011
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