+1-800-997-1228
Questions and Answers > EB-5 Requirements

How can I travel abroad on an H-1B visa without endangering my pending EB-5 I-485?

I have a pending EB-5 I-526 and I-485 (concurrently filed) and am currently on an H-1B visa. My Advance Parole is pending and has not yet been approved. Can I exit the U.S. for two weeks, re-enter using my H-1B visa, and then change jobs the next day (based on an approved H-1B petition) without endangering my I-485? If not, what would be the right strategy?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, if you have a valid H-1B visa stamp and valid H-1B employment, you can travel.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    While your I-485 application is pending, you should not depart the United States before your I-131 application for advance parole is approved. After you receive your advance parole card, you can depart the United States and then use your H-1B visa when you seek readmission to the United States at the port of entry. If you have an approved H-1B petition, then you can change to a position with a new employer. Changing to a position with a new employer does not affect your pending I-485 application which is concurrently filed with an I-526 petition.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, but your pending advance parole will be denied for the travel.