Can I apply for Advance Parole with an approved I-140?

S

sso1

New Member
Hello,
I'm currently on a rolling H1B mode with an approved I-140 but my H1B visa has expired since I haven't left the country in good 9 years.
I was wondering if I'm eligible to apply now for an Advance Parole Document or would I have to wait until my date becomes current and I file for I-485?
Any advise would be greatly appreciated.
Thank you.
 
No, you need to have a pending adjustment application, but you can get a new H1B visa stamping on your travels to return with.
Be aware that if you do wait to file i485 and then use AP to re-enter, you would no longer be authorized to work unless you also have an EAD.
 
It appears sso1 is navigating a common situation for those with approved I-140s while on H-1B status, specifically regarding Advance Parole eligibility. SusieQQQ rightly pointed out that a pending I-485 is typically required for Advance Parole, suggesting that sso1 might want to consider the option of renewing their H-1B visa stamp for travel or waiting until they can file their I-485. For individuals like sso1 who are facing complex immigration pathways and seeking clarity on options like Advance Parole, H-1B extensions, or the green card process, reaching out to a knowledgeable visa consultant can provide invaluable guidance and ensure all steps are taken correctly and efficiently.
 
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