Advance Parole

2363

Registered Users (C)
I'm on a H1B and my visa is valid till April 2004. I have filed my 485. Do i have to apply for advance parole or can i travel with my current visa.
 
There have been

cases where people said that they didnt have a problem using H1 for reentry. But I think you do need an AP for travel abroad if you an adjustee.
 
i agree

If you apply your 485 and leave the country, it's considered abondonement of your application. It's always safe to travel with a Parole document.

The other thing to consider is your status. If you didn't use the EAD since the H-1 is valid, you are still in non-immigrant status. But if you use the parole when you get in, you are no longer in non-immigrant status.
 
You do NOT need AP to travel overseas if you have a valid H1 approval notice and a valid H1 visa in passport.

There was a time when AP was mandatory for all AOS-pending applicants but the law has changed 2 yrs ago.

Folks, if you are not sure, pls refrain from stating confidentally.

2363, You are fine. Many adjustees have traveled on H1 visa. However, its advisable to obtain AP since 9/11.

Good luck!
 
Originally posted by 2363
I'm on a H1B and my visa is valid till April 2004. I have filed my 485. Do i have to apply for advance parole or can i travel with my current visa.

Well, if you're currently working on a valid H-1 you can use your valid multiple-entry H-1 visa to re-enter the US. However, if you are working on an EAD then you need to have an AP to re-enter.
 
2363

If you are are working for same sponsoring employer who filed ur GC then u do NOT need AP to travel abroad.
 
Originally posted by Upstate_NY
You do NOT need AP to travel overseas if you have a valid H1 approval notice and a valid H1 visa in passport.

There was a time when AP was mandatory for all AOS-pending applicants but the law has changed 2 yrs ago.

Folks, if you are not sure, pls refrain from stating confidentally.

2363, You are fine. Many adjustees have traveled on H1 visa. However, its advisable to obtain AP since 9/11.

Good luck!

You are right about not needing Advance parole for H1 but it depends on the duration of stay. If you are planning to stay for more than 5 months you need the travel document or even if you don't and there's a situation that you have to stay back then there's a problem.

And the other thing is approval of GC. Once it is approved you are no longer a non-immigrant by the "Last petition approved" law. So it ain't so simple as you say.
 
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