JIM & other gurus: TRAVEL QUESTION - I140/485 Still pending

H

hardworker

Registered Users (C)
Dear Jim and other gurus:

I wanted to get your advice on my situation: I140/485 Concurrently filed in November 2002 and still waiting to hear on the decision. My wife and I may have to travel to India late this summer for personal reasons. I have a valid Multiple H1B VISA and my wife has a valid Multiple F1 VISA (She is currently attending school in the US). My question is:

a) If we were to use our Advanced Parole to re-enter the US (prior to before I140 being approved), will we be lose our Non-Immigrant VISA status?

b) God forbid, if the I140/485 were to get denied in the future, would it jeopardize my H1B status and my wife’s F1 status?

c) I have been advised by my attorney that “H-1B is a dual intent status where a person can be on H-1B and also continue to be an adjustment applicant” -- Would that mean that I would be OK to use Advanced Parole to re-enter the US and still be on H1B status in case of a disaster?

d) How about my wife’s F1 status?

Thanks in advance for your thoughts.

Hard worker
 
AP

I have a similar situation with I-140 pending and advance parole, H1, and multiple entry etc. I recently travelled to India and re-enterd with the Advane Parole document.
The attorney should be able to give best advice on dual status etc.
HTH
 
Originally posted by hardworker
Dear Jim and other gurus:

I wanted to get your advice on my situation: I140/485 Concurrently filed in November 2002 and still waiting to hear on the decision. My wife and I may have to travel to India late this summer for personal reasons. I have a valid Multiple H1B VISA and my wife has a valid Multiple F1 VISA (She is currently attending school in the US). My question is:

a) If we were to use our Advanced Parole to re-enter the US (prior to before I140 being approved), will we be lose our Non-Immigrant VISA status?
---But if you stick with your current employee who sponsored your application. you still can extend your H1 but you can't change the employee to get H1. Some kind of confusion but is what I heard. Check your lawyer.

b) God forbid, if the I140/485 were to get denied in the future, would it jeopardize my H1B status and my wife’s F1 status?
---Deserve to risk. If your I140/485 were to get denied, you don't have too much time to apply for another one, why you need to worry about? If it does happen, you eventually have to leave the country which doesn't care about you. Why don't you just enjoy now

c) I have been advised by my attorney that “H-1B is a dual intent status where a person can be on H-1B and also continue to be an adjustment applicant” -- Would that mean that I would be OK to use Advanced Parole to re-enter the US and still be on H1B status in case of a disaster?

---The dual intent status is ok only when you keep your Non-immigration status (H1 is type of non-immigration). If you can't, you will be immigration status (adjustment applicant) which is ok unless 140/485 is denied.

d) How about my wife’s F1 status?
F1 is non-immigration visa so it is same as above

Thanks in advance for your thoughts.

Hard worker
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