I-131, Two conditions are confusing ..

W

walk_run_bike

Registered Users (C)
I downloaded the I-131 form and was going through it. It states that if you are in the USA and wish to travel abroad, you don't need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

1) You are in one of the following nonimmigrant categories:
a) H-1, H-4 or
b)L-1, L-2 or
c)K-3, K-4
d) V-2, V-3

2) A form I-485, Application to Register Permanent Residence or Adjust Status was filed on your behalf and is pending with the CIS.


I am currently on H-1B . My wife is a US citizen. Now I am preparing the package for permanent residency based on marriage.

I'm confused by the second condition mentioned above. I just want to make sure that I can file I-485,I-130 and I-131 together. No one has ever before filed for I-485 on my behalf before.

Thanks.
- Walk
 
Walk,
The concept goes like this..

Once I-485 is filled, a person is eligible to file along with it EAD(I-765) too. If the EAD is used, then your H1 becomes null and void. The EAD will allow you to change employers at will. However the catch is then you need Advance Parole ie Form 131...

so it goes like this..

If you continue to use your H1 with your current employer and not the family based EAD, then No advance Parole is required..

If you apply for EAD and use it with current or new employers then H1 becomes invalid and then you do require AP to travel outside US..

Hope this makes things a little clear for you...
 
I'm on L1 visa and applying for AOS here in US. My L1B got expired last year and i got extended it for 2 yrs (untill 2005). So, my passport is not stamped with new visa. I guess, i need AP if i want to go out (and come back) to my country for visit?
 
SWaiting said:
If you continue to use your H1 with your current employer and not the family based EAD, then No advance Parole is required..
Click to expand...

Is it possible that you apply for AP and travel outside US and come back and work on H1 (which is still valid) ???
 
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