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Immigration Issues/H1B and travel with advance parole

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Question
Greetings,

if applying to green card from H1b (via spouse), Do I need to apply for form I-131 for travel? Can I not travel using my H1b?

Thanks

Answer
You are not required to apply for advance parole (AP) document or EAD (employment authorization document) when filing the adjustment of status (I-485) application. If you wish, you can travel (if applicable) and enter the U.S. on unexpired H1B visa stamp without injuring the pending I-485 application.

Incidentally, when filed alongside the I-485, there is no additional filing fee for AP and EAD, so there is certainly no disadvantage in filing for these applications, and they serve as backup to allow for employment and travel in case you lose H1B status (through termination of H1B employment, for example).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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