travel required

M

mel_gbsn

Registered Users (C)
Hello All
can i travel outside the united states when my advance parole (AP) is in process? I need to go to india immediately to get my wife on h4 here before my 485 gets approved. they have approved my new h1 but have denied an extension of stay. so my company says i have to go to chennai to get my H1 stamped and also get the h4 for my wife.
I have already got my 140 approved and my finger printing done.
please let me know.
Thanks
mel
 
You can travel on your H-1B visa. SO why worry about the advance parole.
If you did not have a valid H-1B then NO!! you could not leave while your Advance Parole is pending. You would need to seek an Emergency Parole and the center would detrermine if you had a bona fide reason for them giving you Emergency Advance Parole.
 
grunggy said:
You can travel on your H-1B visa. SO why worry about the advance parole.
If you did not have a valid H-1B then NO!! you could not leave while your Advance Parole is pending. You would need to seek an Emergency Parole and the center would detrermine if you had a bona fide reason for them giving you Emergency Advance Parole.
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Hi Grunggy,

I am almost in the similar boat, I also need to travel to India in January, I have filed for AP but most probably it will not come thru by then, the option I am thinking of is - getting my H1 stampped based on my valid I797 extension of status. I would appreciate your opinion on this plan. Also can you elaborate your comment above about not having a valid H1-B (you meant Visa stamp ? or not having current I797 to support H1 ?)

Thanks for help.
 
All i meant is if his H-1B is expired then no, he can not travel without Advance Parole. If H-1B is valid you can travel on the H-1B visa without worrying over the Advance Parole not being issued yet.
 
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