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Immigration Issues/E2 to H1B change of status & travel


I am a UK citizen working on an E2 visa for a UK-HQ'd company.  I have a job offer with another company in the US who will sponsor me for an H1B.  [I am also going to apply for a green card with my existing employer in case the H1B petition is not successful (as cap reached).]

The question - is there any way I can travel between Apr-Oct while the H1B is pending without negating the H1B process?  If the H1B process is canceled because I travel, will this negatively impact my green card application? (I'm not intending to travel before I have the GC advance parole).

I'm not really in a position to divulge the full situation to either company, so any answers very gratefully received!

You should not travel outside the country while the change of status (E2 to H1) is pending. I would also advise you traveling outside the country on an E visa with an adjustment status pending due to dual intent issues.  
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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