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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28196
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, I am on H1B which is valid upto sep 2016. I am

Customer Question

Hi Judith,
I am on H1B which is valid upto sep 2016. I am planning to take vacation for 2.5 months as I will be travelling to my home country for visiting my parents and for also my upcoming wedding in dec. I currently work in EVC model. Client will not be ready to approve my extended vacation but if my employer who holds my h1 agrees for that period, Is it ok to travel? In any case if my employer terminates my H1 while I am outside US what are my options? I am getting married to US citizen in december. If we get marry before I leave from US then in such scenario can I return back with him?
Please guide me through the process.
Regards,
Birva
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Dear Birva

First congratulations on your upcoming wedding. I wish you much happiness and serenity in the relationship.

Client will not be ready to approve my extended vacation but if my employer who holds my h1 agrees for that period, Is it ok to travel?

Yes, as long as the employer has an assignment available for you in the same metropolitan statistical area and will give you a letter of assignment to carry with you in case the Custom's inspector asks if you have a job waiting for you on return.

In any case if my employer terminates my H1 while I am outside US what are my options?

I wish you had asked this question 3 months ago and I would have told you do do a civil wedding here in US (secret, not telling family, friends, etc.) just for purpose of filing your adjustment of status and advance parole so you could travel. Advance parole and work permit are issued in a combo card now and it takes up to 90 days. Iff you marry now and don't leave until just before wedding, you may, just may get the card in time. It is a risk.

I am getting married to US citizen in december. If we get marry before I leave from US then in such scenario can I return back with him? Not without the advance parole. We should talk. It is worth small investment for you because you have much at risk. It is so much easier for us to go back and forth in a call because this complex issues you have.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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Judith

Expert:  Judith replied 1 year ago.
Hello, how are you? Did you find my answer helpful? Did you have a follow-up question?
Judith

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