Traveling on advance payroll issued based on employment category while Family Based I-485 is pending

Sharmapk

New Member
My I-485 from employment EB2 category is pending. PD is Aug 2014. EAD and Advance Parole are issued and I have used the advance parole to travel to my home country once. I-94 validity date is May 2024. H1B got expired in March and was not renewed.
As there is no certainty when PD of Aug 2014 Final Action for employment based category will become current, a I-130 petition is also filed just recently by my U.S. born child to see if GC can be processed earlier. I am going to file I-485 in the next 4-5 days, so both I-130 and family based I-485 will be filed concurrently.
I will need to travel to my home country again in December 2023 end for about 15 days for a dental procedure. My question is, can I use the Advance Payroll Document issued on behalf of employment petition to travel while the I-130 and family based I-485 are also pending and being reviewed. On a positive note, the I-130 may be approved and I-485 may be pending. I hope my family I-485 petition will not be considered abandoned if I travel outside of U.S. using the employment based Advance Parole document. Hope a new Advance Parole document issued based on the family based petition will not be required.
 
I believe you should leave country subsequent to approval of advance parole based on family based petition.

At this time priority date is not current for employment based EB2 petition but priority date is current for family based petition, therefore there is a good chance that it could be adjudicated very soon.

I am hoping you are India born.
 
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