The H-1B visa program is an employment-based visa inherently tied to the visa holder's specific job. Therefore, loss of this specific position can be detrimental to a visa-holders' ability to stay in the United States and continue working. In order to address this concern, beginning on January 17, 2017, the United States Citizenship and Immigration Services (USCIS) issued a new federal rule, granting H-1B holders a 60-day grace period in the circumstance of job loss or termination. This rule was not originally intended to cover resignation of a position.
Many H-1B status holders have pending Adjustment of Status application. Advance Parole allows an individual to travel outside of the United States with a pending Adjustment of Status application. It is essential to apply for Advance Parole if you have a pending Adjustment of Status application because if you travel abroad without this document, your application will be considered abandoned. However, there is an exception for H-1B and L-1 visa holders, who do not need to apply for Advance Parole prior to traveling. If you are considering traveling abroad as an H-1B visa holder with an Adjustment of Status application pending, here are some considerations to be aware of:
If you are a U.S. citizen either by naturalization or permanent residency, you have the right to petition for family members from out of the country to join you here in the United States. Those family members do not need to wait in line for a visa but rather, get priority for green card status. If you live in Illinois and wish to petition for a family member, you should first know for which family members you can petition before you begin the process.