Guestbook Entry for Preet, United States
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Preet
Country
United States
State
Nebraska
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Aug 17, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
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FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
Green card processing, F-1 visa, and H-1B transition: Travel and work considerations
Question details
I am on an F1 visa, and My spouse is on a Green Card. My Green Card through my spouse is under processing(I-130 under Review). I am graduating in March 2024. My questions are as follows:
At what stage in my Green Card Processing can I start traveling outside the USA?
Let us consider my GC is still under processing by the time I graduate and enter the job market:
A)Can my employer file an H1 while my Green Card is under processing?
B)Given my H1 got picked, will there be any issue for me to travel to India to get my H1 stamped?
FAQ Transcript
If your green card application is family-based, such as through your spouse, and you have student status, it could potentially become a problem if you travel. In your case, I would suggest traveling only after you obtain either an H-1B visa stamping or Advanced Parole.
A. Certainly, there is absolutely no problem with that; a green card can be in process, and an H-1B can be filed.
B. No. The pending green card application should not hamper or impede the grant of an H-1B visa because the H-1B is a dual intent visa.
It was great help from Rajiv Sir to advice free to F1 students issues and questions. My friend recommended me to contact Rajiv Khanna Law Firm. God bless you with everything you wish. I applied my OPT and got rejected because of applied ahead of time. Then I again applied and got it. Now I have completed my program but still not have degree. I was worrying about my next status without having US degree in hand. But Mr. Rajiv suggested and explained it in real good manner and now I am just going with that flow. Thank you Mr. Khanna for your service to community in USA.