Immigration Issues/H1B travel

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Question
I came from my country with a Q1 visa 7 years ago. I changed to F1 and after graduation, I received H1.  I have H1 Visa Status now and I am currently employed. I am dying to go home and afraid of risk that I might not be able to come back. I have been told that it is up to the immmigation officer at the consulte if he/she will approve and stamp visa on Passport. I have been told that it totally depends and not to take the risk. Is that true? If so, can I travel with a travel document?

My other question is can I apply sooner for Greencard or do I have to wait 6/7 years?

Thank you for your feedback!
Lili

Answer
You can apply for green card at any tiume but I would make your trip first. Youc an not travel on travel document. There is a risk but if the underlying facts about H1 are genuine you should not have a problem. Travel with copies of paperwork filed for H-1, the approval letter and paystubs from them for the time you have worked.

Regards,

Robert

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Robert Hollander<B> Esq.</B>

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