Can someone explain this to me...

CanMan

Registered Users (C)
Why is it that when I first arrived in the US on an H1b visa I could leave the US and reenter at will, but now that I have awaiting for my 485 to be approved, I am unable to do so without using "advance parole"? What is the rationale for doing this?

Puzzling....
 
No, I guess I wasn't clear: before I sent in my I485, I didn't NEED AP, Now I do. Why now, and not before?
 
Even after applying for AOS, if you still have a dual intent visa (H1 or similar visa) stamped and valid, then you can use that to travel.
You are not mandated to get AP in that case.

When you do not have a valid visa and you go for EAD for your work, your travel needs AP.

H1 and similar visas are dual intent (you can work & travel).
EAD is only for work. So you need AP for travel.

Guess, I am right...guys, correct me if not.
 
Let me try...

CanMan,

One doesn't need a visa/AP to leave the country, It is required to come back to US. As "Atri123" wrote if you have a valid H1 still you can use it to enter US.

H1 normally takes less time to process and normally one will get into that status only upon approval. Unless it is extension, one cannot enjoy benifits of it while it is pending. Note that one cannot travel based on pending H1 in any way. Also note that once you are in US and apply for any extension or new visa and leave the country, normally it is deemed as abandoned and will be denied.

Where as GC takes a bit longer to process and they created some flexibility while it is pending so that one can travel while it is pending by obtaining AP (which is suppose to take very less time).

If you are comparing approved myltiple entry H1 and approved GC then probably from "permission to enter the country" point of view both are same.

-PCee
 
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