Do I need an AP to travel if I have a valid H-1B??

[summerwine]

Hello,

I read the I-131 (Advance parole) application form and it states that if a person belongs to the H-1 nonimmigrant category - has a valid H-1, and has a pending I-485, that person need not apply for AP. All that person needs is a valid H-1 stamp on return to enter the country. Will a person satisfying both conditions still need to apply for AP? Am I missing something in fine print here? I was under the impression that you have to apply for AP to leave the country, but was surprised when I read the instructions for filing I-131.

Thanks.

 

[catjupp]

when does your H1B expire? I was told you don't need AP if you have vaild H1B. I guess the only concern is if your H1B expires before your green card is approved and you have to travel.

 

[summerwine]

when does your H1B expire? I was told you don't need AP if you have vaild H1B. I guess the only concern is if your H1B expires before your green card is approved and you have to travel.

Hi,
Thanks for your reply. My current H-1B expires 09/30, but my company will be applying for the second term of my H-1B that will be valid for another 3 years in April. The only thing is I will not have a valid H-1B stamp in my passport. I will have to get it to re-enter the country if I travel, but I don't think it should be a problem.

 

[Fgsilva]

Hi,

both myself and a colleague have pending 485. We left the country with expired H1B visa stamp (but valid visa), got new visa stamp and came back to the US with no problem. Now, some people (including some attorneys) recommend to have also an AP document just in case you GC gets approved while you're out of the country (which in theory should cancel your H1B). I decided to risk and go without one anyway since the chances of my GC getting approved back in january were almost none!

Hi,
Thanks for your reply. My current H-1B expires 09/30, but my company will be applying for the second term of my H-1B that will be valid for another 3 years in April. The only thing is I will not have a valid H-1B stamp in my passport. I will have to get it to re-enter the country if I travel, but I don't think it should be a problem.