LaborApproved
Registered Users (C)
This may be a stupid question. If you have a unexpired H1B stamp do you still need to apply for advance parole to travel if you have a pending I-485?
You must apply for AP. If you are outside USA when your 485 is done - you cannot enter in USA unless you have AP.LaborApproved said:This may be a stupid question. If you have a unexpired H1B stamp do you still need to apply for advance parole to travel if you have a pending I-485?
LaborApproved said:J-
checked with a lawyer and he said H1B is a dual intent visa and one can travel with a valid unexpired H1B visa while 485 is pending.
Are you sure about me still getting AP? Was wondering why you suggested that. Please comment.
You are right. And the way randomness in processing is on increase - I would not suggest a trip outside USA without AP! Also some people have reported that there was no FP for 485 - even if it is rumour - till it is cleared - no point in taking chance!yeppo said:I am in a similar situation. Spouse is going to India on H4 returning in Oct 1st week. Visa is valid till end October.
485 is pending but even FP is not done. What JK means is that if all other processes including FP is completed then the 485 may get approved when U are out of the country in which case you would need the AP to reenter.
JK please correct me if I am wrong.
Yeppo