Visa Stamp vs Advance Parole

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?
 
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?
You must apply for AP. If you are outside USA when your 485 is done - you cannot enter in USA unless you have AP.
 
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.
 
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
 
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.

Read my post again to get the point. Your lawyer is correct about while 485 is pending. Ask what if your 485 is done when you are abroad!.
 
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
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!
 
Thanks for the replies guys. If you read my posts I only mentioned while 485 is pending.

J-
I understood your post the first time. Thanks for the concern.
 
related question:

A person in H4 category (No H4 visa stamp on passport) with I485 pending. does it mean he/she can come back with a valid AP?

Thank you.
 
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