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Immigration Issues/travel international under H1b Visa


Dear Sir,

i want to ask a question for a friend who is on H1B Visa. She was petitioned by her small scale company as an accountant for her H1 visa back in 2001. She already had her 2nd extension and her company filed for her labor cert back in 2004, which is still pending. She asked her lawyer if she can travel to the Philippines for 2 weeks to visit her sick father and the lawyer said she can go home but theres a big risk that she might not be able to come back in the US. what is this risk the lawyer is talking about? is there a reason for her to not be allowed to come back to the US? What is the best alternative for her other than marrying a US Citizen? I heard about some emergency waiver, does this apply to her? Also, i've had 2 coworkers who were also petitioned by my middle scale company and they were able to go home to their respective countries and were able to come back to the US without any problem. Their nature of work has to do with science. Im not sure if this matters. Please help. Thank you.  

If she goes and comes back befor ethe validity of her current H1 she will have no problems. If her travel is scheduled to bring her back after her H1 time is up, she needs to file for a 7th year. Because her labor certification was filed more than a year ago, she is eligible for a 7th year. By filing for premium processing she can get an answer in 2 weeks and then once it is approved, there is no problem to travel.



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Robert Hollander<B> Esq.</B>



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