I-131 Travel Document

D

Denverite

Registered Users (C)
I thought I had read that if you file an I-485 based on an approved I-130, how can you get an entry/exit visa to leave and enter the country? I am currently on an H-1B with no entry/exit visa so I don't want to leave the country unless I have one. My I-130 is about to be approved I believe and I will file for the I-485.

So what is the I-131 specifically?
Under what circumstances is it issued?
Does it take the place of the exit/entry visa?
 
I am wondering why wouldn't you want to travel using your H-1B... has it expired already? If not, that you don't necessarily need to have an approved I-131 to travel, you can use your H-1B instead. In fact, even after you have applied for AOS (I-485), you may still continue to maintain your H-1B status, ie, use H-1B to work and travel.

You said that your I-130 is about to be approved therefore I am assuming that your spouse is an LPR and not a USC. So yes, once you get your I-130 approved and your Priority Date is current (the spouse of an LPR must wait for her/his PD to become current before she/he could file AOS), you can file I-485 and also apply for I-131 (Advance Parole or AP) and I-765 (EAD-Work Authorization). Once you use your I-131 to travel, you will lose your H-1B status and you must use your EAD to work.

In essence AP is sort of a travel document that allows you to be paroled into US while your AOS is pending. There is no special circumstance for getting the AP, except that you must apply it with or after your AOS. If you use it to enter, then your visa (H-1B in your case) stands cancelled (CWOP).
Good Luck.
 
Last edited by a moderator:
a_usc said:
I am wondering why wouldn't you want to travel using your H-1B... has it expired already? If not, that you don't necessarily need to have an approved I-131 to travel, you can use your H-1B instead. In fact, even after you have applied for AOS (I-485), you may still continue to maintain your H-1B status, ie, use H-1B to work and travel.

You said that your I-130 is about to be approved therefore I am assuming that your spouse is an LPR and not a USC. So yes, once you get your I-130 approved and your Priority Date is current (the spouse of an LPR must wait for her/his PD to become current before she/he could file AOS), you can file I-485 and also apply for I-131 (Advance Parole or AP) and I-765 (EAD-Work Authorization). Once you use your I-131 to travel, you will lose your H-1B status and you must use your EAD to work.

In essence AP is sort of a travel document that allows you to be paroled into US while your AOS is pending. There is no special circumstance for getting the AP, except that you must apply it with or after your AOS. If you use it to enter, then your visa (H-1B in your case) stands cancelled (CWOP).
Good Luck.
Click to expand...


ehhh... Ahem.... small corrections.... ;)
As per the cronin memo... H-1B visa holders CAN use AP to enter US and continue to work on their H1-B and even renew/extend them as long as it is valid and they have an approved H1-B petition. H1-B gets cancelled only when EAD is used and has no bearing with respect to AP usage. So in short, H1-B visa holders can use AP eventhough they have not used EAD.

P.S: The cronim memo specifically states that condition exists for H1-B holders who have filed for GC via employment. This memo is old and i read elsewhere an updated version that applies for FB categories as well, cant find the link. Will post when i get it. In any case, a lawyer should be consulted in regards to this piece of information
 
Denverite said:
I thought I had read that if you file an I-485 based on an approved I-130, how can you get an entry/exit visa to leave and enter the country? I am currently on an H-1B with no entry/exit visa so I don't want to leave the country unless I have one. My I-130 is about to be approved I believe and I will file for the I-485.

So what is the I-131 specifically?
Under what circumstances is it issued?
Does it take the place of the exit/entry visa?
Click to expand...

If you wish to travel using your H1-B, you should get your visa revalidated/stamped.
 
ari4u said:
ehhh... Ahem.... small corrections.... ;)
As per the cronin memo... H-1B visa holders CAN use AP to enter US and continue to work on their H1-B and even renew/extend them as long as it is valid and they have an approved H1-B petition. H1-B gets cancelled only when EAD is used and has no bearing with respect to AP usage. So in short, H1-B visa holders can use AP eventhough they have not used EAD.

P.S: The cronim memo specifically states that condition exists for H1-B holders who have filed for GC via employment. This memo is old and i read elsewhere an updated version that applies for FB categories as well, cant find the link. Will post when i get it. In any case, a lawyer should be consulted in regards to this piece of information
Click to expand...


Hey ari...

If I dont use my EAD and continue working on my company's H1 B...
Can I re-enter USA?
 
tapskap said:
Hey ari...

If I dont use my EAD and continue working on my company's H1 B...
Can I re-enter USA?
Click to expand...

By all means... Yes (As long as you have a valid H1-B)
 
ari4u said:
ehhh... Ahem.... small corrections.... ;)
As per the cronin memo... H-1B visa holders CAN use AP to enter US and continue to work on their H1-B and even renew/extend them as long as it is valid and they have an approved H1-B petition. H1-B gets cancelled only when EAD is used and has no bearing with respect to AP usage. So in short, H1-B visa holders can use AP eventhough they have not used EAD.

P.S: The cronim memo specifically states that condition exists for H1-B holders who have filed for GC via employment. This memo is old and i read elsewhere an updated version that applies for FB categories as well, cant find the link. Will post when i get it. In any case, a lawyer should be consulted in regards to this piece of information
Click to expand...

Ahem ahem big bro! U da man!!! :cool: :p lol. Thanks for the corrections, Im still learning. :D
 
ari4u said:
By all means... Yes (As long as you have a valid H1-B)
Click to expand...


Thanks ari4u....I transferred my H1 to my current company and got a new I- 94....which expires in 2008....so I believe....as long as I dont use my EAD for a new job....I can re-enter......
 
tapskap said:
Thanks ari4u....I transferred my H1 to my current company and got a new I- 94....which expires in 2008....so I believe....as long as I dont use my EAD for a new job....I can re-enter......
Click to expand...

Yes. You think right.
 
Perhaps this may explain my dilemma more

Well perhaps this may shed some more light:

I have two scenarios occuring right now:

1)
My H-1B visa expires in Nov 2006 (this is 6 months away). This is my second H-1 visa.
In feb 2006 my employer filed my I-140 via perm process.
I am waiting on the I-140 to be approved.
My entry/exit visa expired a long time ago and I have heard horror stories about leaving the country back to Jordan and being delayed in obtaining a reentry visa. I don't think I could take a delay of more than 2-3 weeks and safely keep my job here in the US.

2)
In June 2002 my mother filed for my I-130. It was recently upgraded to son of a USC a month ago.
I expect that it will be approved here in a few months based on the RFE I received a couple days ago.

I am going to decide whether to go the AoS I-485 route via employment (I-140) or via family based (I-130). most likely family as the priority date will be June 2002 where as employment will be Feb 2006, although I am willing to hear other viewpoints.

In the meanwhile, I'd like to try and figure out how I can safely travel back and forth outside of the country, specifically to Canada and Jordan (home country). It seems that nobody is really advocating the I-131 as the route to go?
 
Last edited by a moderator:
Denverite said:
Well perhaps this may shed some more light:

I have two scenarios occuring right now:

1)
My H-1B visa expires in Nov 2006 (this is 6 months away). This is my second H-1 visa.
In feb 2006 my employer filed my I-140 via perm process.
I am waiting on the I-140 to be approved.
My entry/exit visa expired a long time ago and I have heard horror stories about leaving the country back to Jordan and being delayed in obtaining a reentry visa. I don't think I could take a delay of more than 2-3 weeks and safely keep my job here in the US.

2)
In June 2002 my mother filed for my I-130. It was recently upgraded to son of a USC a month ago.
I expect that it will be approved here in a few months based on the RFE I received a couple days ago.

I am going to decide whether to go the AoS I-485 route via employment (I-140) or via family based (I-130). most likely family as the priority date will be June 2002 where as employment will be Feb 2006, although I am willing to hear other viewpoints.

In the meanwhile, I'd like to try and figure out how I can safely travel back and forth outside of the country, specifically to Canada and Jordan (home country). It seems that nobody is really advocating the I-131 as the route to go?
Click to expand...

You have not filed I-485, so you are not eligible to get I-131. Why dont you get your H1-B renewed while you wait for one of the PD's to become current?
 
I will be renewing my H-1B...I am waiting for the I-140 to be approved because I believe at that point it can be renewed for 3 year intervals?

But I still have the dilemma of getting an exit/entry visa in under 2 weeks if I have to leave the country?
 
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