Is travel on H-1B status allowed AFTER I-485 approval, but BEFORE Green Card arrives?

[Heliax 2]

This is my situation: I've been on H-1B status while waiting for I-485 marriage-based AOS, and have travelled in and out of the country in the past with no issue.

 

This week, my I-485 was approved, but because the timeframe for I-131 has been so slow, I never received an Advanced Parole document. My wife and I have travel booked in for Mexico in 2 weeks' time, not expecting that my AOS would be approved so soon.

 

So my question is: Am I still permitted to re-enter the United States from another country using my current, valid H-1B visa stamp? (given that my I-485 is now approved, but I don't have either AP or GC in my possession yet)

Edited March 24, 2023 by Heliax
Formatting

[mytruelove18 608]

1 hour ago, Heliax said:

This is my situation: I've been on H-1B status while waiting for I-485 marriage-based AOS, and have travelled in and out of the country in the past with no issue.

 

This week, my I-485 was approved, but because the timeframe for I-131 has been so slow, I never received an Advanced Parole document. My wife and I have travel booked in for Mexico in 2 weeks' time, not expecting that my AOS would be approved so soon.

 

So my question is: Am I still permitted to re-enter the United States from another country using my current, valid H-1B visa stamp? (given that my I-485 is now approved, but I don't have either AP or GC in my possession yet)

You need wait for the green card, once you start aos you h-1b is not good for enter the country

[Chancy 6,241]

1 hour ago, Heliax said:

My wife and I have travel booked in for Mexico in 2 weeks' time, not expecting that my AOS would be approved so soon.

 

Call USCIS asap to ask for an emergency InfoPass appointment to get an I-551 stamp in your passport.  Bring your I-485 approval notice to your Infopass appointment.

 

[Heliax 2]

1 hour ago, Chancy said:

 

Call USCIS asap to ask for an emergency InfoPass appointment to get an I-551 stamp in your passport.  Bring your I-485 approval notice to your Infopass appointment.

 

Thank you - I've called USCIS and am waiting for a callback sometime next week to get an I-551. I'm now hoping that my local USCIS office can set me up with an appointment before my travel date!

 

I appreciate your help!

[Heliax 2]

Sorry for the double-post! I wanted to give an update in case it helps anyone else.

 

I called USCIS, explained my situation to them, and now I have an appointment to get an ADIT (temporary I-551) stamp at a local field office on Monday 4/3.