Published on and the Epoch Times on April 27, 2018

Q & A.


Regular EAD and Green Card

I applied for I-485 Adjust of Status. My I-140 got approved based on EB1A. I have also applied for EAD and AP. I am expecting that in few weeks I will be losing by job. when I get the EAD with advance parole, can I go back to my home country and return say after 2 months. Will it cause problems. Assuming if I get the green card when I am india. Can I ask my friend to send the green card by post. Can I enter US with my green card?.

Mr. Lee answers:

I assume that your EB-1A had you both as the petitioner and beneficiary and not your company. In such circumstance, I see no problem with your leaving the U. S. on advance parole. If the green card is issued during the time that you are overseas, you can have your friend send it to you, and you can reenter the U. S. on the basis of the card.


Have Both H-1B & B1/B2 visas, Safe to Enter as Visitor?

I’ve been in US on H1B for a few years. A few years ago, I moved back to home country. I happened to get B1/B2 visa and travelled for business. A few months ago, got cap-exempt H1B stamped based on my earlier H1B. Since this stamping was done, I haven’t travelled to US. The end client contract through which I got this H1B is no more valid. So, I was told that I can travel on this H1B only if I have a new I-797, obtained through H1B petition approval with a new end client contract. I would like to travel to US as a visitor. Is it risky? Is it risky only if I apply for change of status later?

Mr. Lee answers:

It would likely be safe for you to enter as a visitor although you may have to explain to a Customs and Border Protection (CBP) officer why you are also holding an H1B visa. As long as you can convincingly explain the B1/B2 purpose of your trip, you should be allowed to enter. If you are here and manage to find another organization that can sponsor you for H-1B status, you could possibly apply for a change of status (although a request close to the time of your entry could raise questions concerning your actual intent when you entered) or leave the US and reenter on the basis of a newly approved H-1B petition. As you already have an H1B visa in the passport, you would not have to go through the stamping process again. 



What Documents Should A Divorced Green Card Holder Has Traveling From the USA to The Home Country and Back to the USA?

I am newly Divorced & have not started my maiden name change yet?  Every time I reenter the US at Chicago airport they detain me for 1 to 5 hours. I had to have them call my Husband back then. My green card is current and identification is with his last name still. I need to see my father, his health is failing. I don't have time to make all the name changes before the trip.

Mr. Lee answers:

Keeping the husband’s name although divorced is a common practice. I do not see why having your husband’s last name would cause you to be placed in secondary inspection at Chicago. Perhaps you would have a different result in entering through another port of entry.






Copyright © 2003-2018 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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