Do I need to file for advance parole?

[kouiii 0]

Hello,

I currently hold a H-1B visa and am about to file for permanent residency (family based, marriage to an US citizen). I was planning to file I-131 for an advance parole, in case I'd need to travel outside the US for emergency. But the document stated that if I had a valid H-1 and a form I-485 was filed and pending, I wouldn't need to submit I-131.

Is that correct? What document should I present upon return to the US, since I wouldn't be able to apply for a re-entry visa?

If an I-131 is still required, when asked for the date of intended departure, what should I write since I'd filing it just in case of emergency travel?

Thanks!

-K

[Erin and Muraari 0]

Hi There

As long as your H1-B status is valid and current (i.e. you are employed and all of the usual rules), you can continue to work and travel using the H1-B. When you cross the border or fly in and out all your need is your approval notice (along with the bottom part of it that has the USCIS information for the I-94). I would also get a letter from your employer confirming that you are still employed.

If you do get an AP or an EAD, as soon as you use either of them you are no longer in H1-B status. So if you get an AP and leave and come back to the US on the AP, then you cannot work as you are no longer in H1-B status (unless you also get the EAD). Hope this helps

Muraari

Hello,

I currently hold a H-1B visa and am about to file for permanent residency (family based, marriage to an US citizen). I was planning to file I-131 for an advance parole, in case I'd need to travel outside the US for emergency. But the document stated that if I had a valid H-1 and a form I-485 was filed and pending, I wouldn't need to submit I-131.

Is that correct? What document should I present upon return to the US, since I wouldn't be able to apply for a re-entry visa?

If an I-131 is still required, when asked for the date of intended departure, what should I write since I'd filing it just in case of emergency travel?

Thanks!

-K

[Dr_LHA 3]

Yes, I agree. You can continue to travel on your H-1B as long as it is valid, regardless of filing for AOS. H-1B becomes invalid if any of the following happen:

1) H-1B expires

2) AOS is approved

3) You leave your H-1B sponsoring job

4) You use an EAD

When does your H-1B expire? If its soon then an AP might be in order.

[Saddle Bronc 124]

Yes, I agree. You can continue to travel on your H-1B as long as it is valid, regardless of filing for AOS. H-1B becomes invalid if any of the following happen:

1) H-1B expires

2) AOS is approved

3) You leave your H-1B sponsoring job

4) You use an EAD

When does your H-1B expire? If its soon then an AP might be in order.

#1 is partly true; fails if I-129 is filed to renew/extend H1-b (FYI, if the "six-year cap" is reached, the H1-b can still be extended in 1-year increments till #2)

[Dr_LHA 3]

Yes, I agree. You can continue to travel on your H-1B as long as it is valid, regardless of filing for AOS. H-1B becomes invalid if any of the following happen:

1) H-1B expires

2) AOS is approved

3) You leave your H-1B sponsoring job

4) You use an EAD

When does your H-1B expire? If its soon then an AP might be in order.

#1 is partly true; fails if I-129 is filed to renew/extend H1-b (FYI, if the "six-year cap" is reached, the H1-b can still be extended in 1-year increments till #2)

#1 was meant as a catch all for H-1B and its various "renewals"/"extensions". I wasn't specifically talking about the visa stamp.

[kouiii 0]

Thanks, everyone

-K