The answer depends upon your current immigration status. If you hold an H-1B or L-1, you could return with a valid, unexpired as both allow for dual immigrant and nonimmigrant intent. If, however, you hold a nonimmigrant status that does not allow for dual intent, you will need an approved advance parole document. To obtain an advance parole document, you will need a basis such as a pending application to adjust status to a lawful permanent resident. The process typically takes 90 days but can be expedited. I encourage you to consult an attorney ASAP to start the green card process. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on Jun 09th, 2016 at 1:46 PM