Marriage based GC on H1B and AP

[mk198913]

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? 

[newacct]

First, a US visa is solely for entry and is irrelevant when you are inside the US. It's your status that matters. Second, you can concurrently file I-130 and I-485 in your category regardless of whether you are in status or not. Sure, you can and should apply for EAD and Advance Parole with your I-485, since they are both free, so there is no reason not to. But there is no way that Advance Parole will be approved in 45 days. So you will have to rely on your H1b visa for re-entry. If you maintain H1b status right up until you leave, and re-enter on your H1b visa, your I-485 will not be abandoned. But your Advance Parole application will probably be abandoned, and you will have to apply for it again (for free) when you get back.

[pontevecchio]

You can return on the H1 visa to take up the H1 job. You can certainly file the AOS etc. including AP/EAD in the mentime.

If this is work related, run it by your company lawyer.