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How can I travel with an H-1b visa and a pending advance parole application?

I am currently working in the U.S. with an H-1b visa. I am ready to file an adjustment of status application based on my approved I-526. Do I still need to apply for advance parole if I need to travel abroad? Can I travel with an H-1b visa while my advance parole application is still pending? Will this impact my I-485 case?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you file an I-485 application to adjust, it is advisable that you should file both I-765 and I-131 so that you can obtain both EAD and Advance Parole (i.e. EAD/AP combo) document. The fact is you can use the EAD for employment and AP for travel purposes. Furthermore, your AP guarantees that you can travel out of the country without losing/abandoning your I-485 because, if you travel out of the country without a parole document in place, you may be unwittingly abandoning your adjustment application. Thus, never travel with the H-1b document once an I-485 is filed you must have and use AP document.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you have the option to travel under the valid/unexpired H-1B visa while advance parole is pending, without jeopardizing your I-485 or advance parole application.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may travel with the H-1B with no problem provided you have the H visa to return. If you file the advance parole and travel before it is adjudicated, it is denied.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    If your I-485 application and your I-131 application are pending, then you can use your H-1B visa to be readmitted to the United States.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    H and L adjustment of status applicants may travel on their valid H or L visas without abandoning their I-485 adjustment of status applications. All other adjustment applicants must wait for their advance paroles or they will abandon their applications upon leaving the United States. You should check with an experienced immigration attorney before making plans to travel outside of the United States.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    H-1B is dual intent, so you should be able to keep using it even while waiting on the I-485.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you have a valid H-1B visa in your passport, you do not need valid advance parole to travel while your adjustment is pending. However, if you file an advance parole application, and travel with the H-1B before the advance parole is approved, the advance parole application will be denied.

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