I got the following info from an attorney. I want to share with you.
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Please note the follwoing law is equally true for both H-1 and L-1
cases.
TRAVEL DURING I-485 PENDENCY
During the pendency of I-185 if you travel abroad, you must have one of
the following to reenter:
1. Advance Parole
Note that if you reenter on Advance parole, you no longer possess H
status. You are still in status because of pending 485, but no longer
have H status. So you will need an EAD to continue working after reentry.
OR
2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing
receipt.
If you do not have a visa, you can get one from your home country.
Pending 485 is no bar to issuance of a visa.
TRAVEL DURING CONSULAR PROCESSING
If you are processing your papers through consular processing (CP), you
cannot obtain an advance parole. Travelling during CP is not a problem
but you will need an H-1/L-1 visa to reenter the United States.
If you do not have a visa, you can get one from your home country.
Pending CP is no bar to issuance of a visa.
FAQ
Q1. What if our green card gets approved while we are traveling?
A1. There is no good answer to that question. Normally, such approval
will not be a problem. INS can delay you a few hours upon reentry, but
that is because they would have to verify your approval. If you have
an Advance Parole, chances of any delays are even smaller.
Q2. If I leave the country, will my GC process be interrupted /
Stopped ?
A2. No. Your temporary absence on Advance Parole or H/L visa has no
effect on green card.
Q3. If I travel on the advance parole and use the advance parole to
reenter United States, does this have any impact on my H1b status after I
come back. Will the H1b status be still valid after the trip?
A3. If you reenter USA on Advance Parole, you are no longer on H-1
status. You have to work based upon your EAD. You may of course revive
your H-1 by traveling outside USA and reentering on a valid H-1 visa.
Q.4 Is there an AOS interview in all cases and do I have to appear for
that?
A.4. Not in all cases. You do have to appear if there is an
interview.
Q.5 How mission-critical is the final greencard stamping or I-485
approval notice? For instance, if one misses the finger-printing notice and
cannot appear, the greencard application may get abandoned. Does the
same hold true for the I-485 approval notice? If one can't appear in time
for the greencard stamping notice, would it get abandoned?
A.5. Stamping is not required.
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***************************************************
Please note the follwoing law is equally true for both H-1 and L-1
cases.
TRAVEL DURING I-485 PENDENCY
During the pendency of I-185 if you travel abroad, you must have one of
the following to reenter:
1. Advance Parole
Note that if you reenter on Advance parole, you no longer possess H
status. You are still in status because of pending 485, but no longer
have H status. So you will need an EAD to continue working after reentry.
OR
2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing
receipt.
If you do not have a visa, you can get one from your home country.
Pending 485 is no bar to issuance of a visa.
TRAVEL DURING CONSULAR PROCESSING
If you are processing your papers through consular processing (CP), you
cannot obtain an advance parole. Travelling during CP is not a problem
but you will need an H-1/L-1 visa to reenter the United States.
If you do not have a visa, you can get one from your home country.
Pending CP is no bar to issuance of a visa.
FAQ
Q1. What if our green card gets approved while we are traveling?
A1. There is no good answer to that question. Normally, such approval
will not be a problem. INS can delay you a few hours upon reentry, but
that is because they would have to verify your approval. If you have
an Advance Parole, chances of any delays are even smaller.
Q2. If I leave the country, will my GC process be interrupted /
Stopped ?
A2. No. Your temporary absence on Advance Parole or H/L visa has no
effect on green card.
Q3. If I travel on the advance parole and use the advance parole to
reenter United States, does this have any impact on my H1b status after I
come back. Will the H1b status be still valid after the trip?
A3. If you reenter USA on Advance Parole, you are no longer on H-1
status. You have to work based upon your EAD. You may of course revive
your H-1 by traveling outside USA and reentering on a valid H-1 visa.
Q.4 Is there an AOS interview in all cases and do I have to appear for
that?
A.4. Not in all cases. You do have to appear if there is an
interview.
Q.5 How mission-critical is the final greencard stamping or I-485
approval notice? For instance, if one misses the finger-printing notice and
cannot appear, the greencard application may get abandoned. Does the
same hold true for the I-485 approval notice? If one can't appear in time
for the greencard stamping notice, would it get abandoned?
A.5. Stamping is not required.
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