fivethirds Posted February 27, 2014 Report Share Posted February 27, 2014 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. Link to comment
jairichi Posted February 27, 2014 Report Share Posted February 27, 2014 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. Link to comment
pontevecchio Posted February 27, 2014 Report Share Posted February 27, 2014 A person can come back in H1 status or based on the EAD since H1 is dual intent. Link to comment
catx Posted February 27, 2014 Report Share Posted February 27, 2014 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. Link to comment
pontevecchio Posted February 27, 2014 Report Share Posted February 27, 2014 I meant AP instead of EAD. A person awaiting AOS can return in H1 status or on the basis of the AP. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.