Q&A’s published on Lawyers.com and the Epoch Times – 02/24/2017 1. Can an H-1B Holder Leave the Country After Filing an I-485? 2. Name Mismatch in Green Card and Passport 3.Marital Status – Visa Lottery

1. Can an H-1B Holder Leave the Country After Filing an I-485?

My I-485 has been filed but I-131 was not filed.  She has an active H1B Visa through Nov 2017. Can we leave the country and return without hurting our application process or her H-1B? There is extra sensitivity around this as I have read that: “if a H-1B visa holder reenters the United States with the Advanced Parole, his/her H-1B status will be terminated. “

Mr. Lee answers:
An H-1B holder can leave the country after filing an I-485, but the question of returning safely depends upon whether the H-1B holder already has an H-1 visa stamped in the passport. If not, the H-1B holder (unless a Canadian citizen) would have to interview with the American consulate or embassy for a visa stamp to reenter the country. In most cases, the visa would be issued even if an I-485 has been filed. But there is always a risk-however slight- with consular processing of an H-1B petition with other issues. So you should be aware of that.

2. Name Mismatch in Green Card and Passport

My question is about green card and passport name mismatch. GC has only first 18 letters of the first name due to character limitation. What is the problem I am going to face while re-entry to US

Mr. Lee answers:
I do not believe that you would have problems reentering the US where the green card can only fit the first 18 letters of your first name. Customs and Border Protection can always look through the database to see your entire name if the immigration inspector so desires. However, the fact that the first 18 letters of the first name are the same as the name in the passport should be enough to convince an inspector that you are who you say you are.

3. Marital Status – Visa Lottery

I am from a not eligible country this year and my fiancée is from an eligible country; we are planning on getting married on mid November but we will both be single by the application closing date (Nov 1st). Should he apply as “unmarried”? or should we apply as a married couple?

Mr. Lee answers:
As you will both still be single by the application closing date, your fiancé should apply as unmarried. If he is selected, you can still be married and immigrate with him at the same time. If in the US, and able to adjust status, you can both put in I-485 applications for adjustment of status when his number appears on the visa bulletin. If overseas, you can apply through submitting form DS-260 immigrant visa application forms.