Immigration Issues/In a real situation


QUESTION: Here is my background. I recently transfered my H1B visa in January 07. My old H1B visa prior the transfered expired at 2/28/08. After my transfer, I filled a separate application, green card through marriage thru the same lawyer on 4/3/07 knowing i should have till 2008. I married my wife back in 2005. We both a common child. I received the notice/receipt on 4/6/2007. I received notice to get fingerprint on 4/17/2007. I have an appointment on 4/27/07. However I just found out from the lawyer who did the transfer, I am in my 6th year cap which mean my h1b visa is about to expired! We filed an EAD today and also extension for my h1b to the original approved date which is 2/28/2008.
Things get bad to worst when i received a call from my family overseas told my dad is in ICU. He hurts his head from falling and required emergency operation to relief the pressure on his brain and swelling.
My green card application thru marriage to a USC is pending.
1) Is there a way i could leave the country for a week to visit my dad without problem getting in back so i could be with my wife and child which they need insurance?
2) Will it be a problem to my GC application if i do leave the country?


I just want to see my dad maybe ...hope not last time :(
ANSWER: Did you receive your approval of your transfer applciation? If so, you do not need advance parole and you can leave. Normally, people who file for green card through marraige need advance parole, but there is an exception for people in valid H or L status. If the transfer is not approved yet, you could file a request for premium processing on from I- 907 to get it approved in less than 2 weeks and then you could leave.



---------- FOLLOW-UP ----------

QUESTION: Even with my H1b expiring in within couple days? I could still leave if we received the approval for the transfer application?
What else i need to do before /after i filed I-907?  

Though your H-1 is expiring you filed a timely transfer request and asked for time until 2/08. The filing allows you to stay until you get an answer. Inorder to travel you need the approval. In order to expedite file the I-907. Once you get the approval you can leave and before you come back you just need to go to the embassy and get a new visa stamp to show the new petition.



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Robert Hollander<B> Esq.</B>



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