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H-1B vs. AP travel

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Travel on H-1B vs Advance Parole?

I am on H1. I have over 2 years H1 stamp left (current employment). My USC spouse recently applied for Marriage based I130, I485, EAD and AP 

Q1. I need to travel outside the US for a few weeks. Is it safer to travel and return on H-1B or Advance Parole? I am only asking as H1B has always been a straight forward entry with a couple of questions here and there. I know AP for the first time would mean secondary inspection. Is this typically routine? Or is it risky given current times? Any one has had experience? 

Q2. If I leave on H1 before AP issued, will USCIS deny AP? Q3. Will I still preserve the AOS or is there a risk of AOS abandonment? Note that the GC is marriage based not EB. I know before things were different, anyone has any inputs given current times? 

PS: I'll be working for the same employer. No admissibility issues.

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Either will do. You have to be here to apply for AP. You are letting the chief clown get to you. Nothing has changed. If you have AP, the AG has ordered you to be allowed to return to resume AOS. If you  use the H1, that's also fine.

You have no issue of any kind. 

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1. Using AP is not reversible. That means you can use H1 now for entry and then switch to AP status any time you want after AP is approved. On the other hand, when you use AP at the time of returning to USA, you will lose H1 status permanently. It's not necessarily bad, but it is the way how it works.

2. If you travel before AP is issued, by law, your AP will get denied and you AOS application will not affect.

I don't think working for any employer comes in question as your AOS is not employment based. But you H1b is obviously is employment based.

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You can enter on AP or use the H1 visa. No need for confusion. Neither has any issues. Secondary Inspection means going to a room and waiting for some time till the Officer confirms your pending AOS. 


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