Travelling on H1B while applying for green card

[fivethirds]

Hello all,

             I have a valid H1B that is good for entry till Feb. next year. I plan on initiating my green application (EB1) soon. Later this year, I will be leaving the country for a month or so for business purposes. My questions:

 

1. Is my situation any different than a person who is travelling with a valid H1B, regardless of whether or not a green card application has been filed?

2. If my situation does differ because I will have a pending GC application, then do I also need to apply for advanced parole?

 

Thanks for your help.

 

 

[jairichi]

Hello all,

             I have a valid H1B that is good for entry till Feb. next year. I plan on initiating my green application (EB1) soon. Later this year, I will be leaving the country for a month or so for business purposes. My questions:

 

1. Is my situation any different than a person who is travelling with a valid H1B, regardless of whether or not a green card application has been filed?

2. If my situation does differ because I will have a pending GC application, then do I also need to apply for advanced parole?

 

Thanks for your help.

1. Yes.

[pontevecchio]

A person can come back in H1 status or based on the EAD since H1 is dual intent.

[catx]

Once an I-485 adjustment of status (AoS) application is filed and has a receipt date from the USCIS, then a person must have applied and be approved for and receive advance parole to travel outside the U.S. and maintain their pending AoS process.  Otherwise, their I-485 AoS application will be deemed abandoned when they travel outside the U.S.

[pontevecchio]

I meant AP instead of EAD. A person awaiting AOS can return in H1 status or on the basis of the AP.