Could a brief visit to Korea during my green card process make re-entry difficult?
I was pursuing an employment-based green card while on H-1B status. The prevailing wage process has also concluded. I’d like to know at what point my information is actually submitted to USCIS. I’ve heard that if I go back to Korea and get a new visa after having already started the green card process, there could be trouble at re-entry because the green card process is already underway — is that true?
Your information is considered to be submitted to USCIS the moment the initial PERM labor certification is filed. It has not yet been submitted at the earlier prevailing wage request stage. If you still hold H-1B status, there should be no issue re-entering on H-1B even if an LCA has been filed, since H-1B is a status that already recognizes dual intent — meaning filing for a green card doesn’t create a conflict.