i485 Ap and H1b travel

Recommended Posts

I am on a valid h1b visa stamp which expires in Sept 2023. I got married to a US citizen here in the USA and we applied for i130 online. As I am eligible for concurrent filing, we wanted to mail in i485, Advance parole, work permit and Affidavit of support to USCIS.  I have an important international trip coming up in next 45 days, which I cant hold. Now my question here is shall I apply for advance parole? And just rely on my h1b visa for entry into and exit from USA?  If I apply for AP it can take over 6 months and I cant travel without the risk of abandoning my entire i485 application.  Please suggest what to do? 

Link to comment
  • 8 months later...

If an applicant applies for advance parole along with their adjustment of status application and travels outside the US prior to the approval of the initial advance parole, the advance parole will most likely be deemed abandoned and denied. If the applicant chooses to travel abroad on an H1B, for instance, the adjustment of status application itself would not be abandoned, only the advance parole. Each case is unique and you are advised to speak with a qualified immigration attorney about your circumstances. 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.