Travel on Advanced Parole while on H1B status

Rahulv97.rv

Rahulv97.rv

New Member
I’m currently in valid H-1B status and have my I-797A approval notice. I do not yet have an H-1B visa stamp in my passport, but I plan to travel to India sometime next year to obtain it. I have already paid the visa fee but haven’t scheduled my appointment yet.





Recently, my employer filed my EB-1 application. Since my priority date is current (birthplace: UAE), they submitted my I-140 and Adjustment of Status (AOS) concurrently. I have already received my Advance Parole + EAD combo card.





I’m planning a short trip to Canada in December and would like to return using my Advance Parole. My question is: If I re-enter the U.S. using Advance Parole, will I still be able to maintain my H-1B status (valid until 2028)? Additionally, USCIS currently shows an estimated 10-month processing time for my AOS.





My company’s immigration attorneys and HR team have told me that traveling on Advance Parole should not negatively impact my H-1B status, but I want to confirm this and fully understand any implications before traveling.





Could you please provide guidance on this situation?
 
If you are paroled, you will not be on H1b status; you will be on Parolee status. If it's a trip of less than 30 days to Canada only, perhaps you can re-enter on H1b using Automatic Revalidation.
 
AOS is a completely different route. Since you have selected to adjust your status while remaining in the country, you are not supposed to leave the country (short or long duration - does not matter) until your status is adjusted. The only exception is Advanced Parole.

AVR is for non immigrants with expired visas, not for those with a pending immigrant petition.
 
bigboy00 said:
Since you have selected to adjust your status while remaining in the country, you are not supposed to leave the country (short or long duration - does not matter) until your status is adjusted. The only exception is Advanced Parole.
Click to expand...
The other exception is people who are maintaining H1b/H4/L1/L2/K3/K4/V status, who leave and are re-admitted into the same status. They do not abandon their pending Adjustment of Status applications, even if they do not have Advance Parole. See 8 CFR 245.2(a)(4)(ii)(C).
 
Thanks for the link. I am surprised - since every H1 holder that I have seen, got an AP after applying for the AOS.
 
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