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Can I travel on an H-1B visa with an approved I-526 petition?

I just got my H-1B application approved. I also have an approved I-526 application, but I could not adjust my status yet due to the visa backlog. I plan to travel abroad with my H-1B visa. Will my approved I-526 cause any issues? What should I do to prevent some potential challenges?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Approved I-526 petition should not affect H-1B visa because it allows for dual intent.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No problem at all. All H visas are dual intent visas so the fact that you have an approved I-526 petition should not interfere in any way with your short term plans to travel in and out of the United States. At the border, you might get a question due to your approved I-526, but you should have no issues in being admitted back into the US, with your valid H-1B visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That is a dual intent category so travel is fine. You need an H-01B visa to return to the U.S.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    There should be no issues traveling with an H-1B because the H-1B has the dual intent feature.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The H-1B is a dual intent visa so there is no problem. Disclose the I-526 filing when you apply for the H-1B visa.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You can travel on an unexpired H-1B visa. It should not affect your I-526.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You absolutely can travel on the H-1B Visa, as well as maintaining valid H-1B status during this part of the process until your priority date becomes current and you can file for your adjustment of status. There is no issue with having H-1B and I-526 petition approved.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes. Even though you have an approved I-526 petition, there is nothing to prevent you from traveling on an H-1B visa. Your approved I-526 petition should not cause you any issue, with respect to your eligibility for re-admission on your H-1B visa. There''s nothing really you need to do.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may get extra questioning about your intent, but H-1B is a dual intent status so you should be OK. If anything, if there were an issue you would have not been able to get the H-1B approved in the first place.

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