Green Card- Is 'Advanced Parole' needed if I'm on H1B visa

[Tani81 0]

I am on H1B visa currently which is valid till late 2025 and applying for my Green Card through marriage. I want to know if I should apply for Advance Parole (I-131) with my application in case I need to do international travel to see my family? I have read some conflicting information-

-Some say if I do international travel without Advance Parole while my application is in process, USCIS might cancel my application. 

- Some say advance parole is not required since I have a valid H1B visa.

- I have also read that If I use advance parole while I'm on H1B, I will lose my H1B status. 

 

Please advise. 

[Dashinka 24,480]

At this point it is still free to file the I131 with the AOS package, so I would do it.  I cannot imagine losing your H1B status until a decision is made on your I485.

 

Good Luck!

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas forum to Working & Traveling During US Immigration, to be among other threads about AP ***

 

On 5/2/2023 at 7:44 AM, Tani81 said:

I have also read that If I use advance parole while I'm on H1B, I will lose my H1B status.

 

If you use AP to enter the US, your CBP record will show that you were "paroled in", not admitted in.  To retain your H1B status, you must be "admitted" on H1B, which requires that you enter using a valid H1B visa.  Even if you are in possession of both AP and H1B visa, you can have only 1 immigration status set on US entry.

 

That said, I still recommend you apply for I-131 AP anyway, for the off-chance that you lose your H1B job before you get your GC.