You are here:

Immigration Issues/Travel on H1B when I-485 AOS application pending

Advertisement


Question
Hi Ajay,

I am an Indian citizen currently living and working in the United States on a valid H1-B Visa. My Visa is valid till September 30, 2014 and the H1-B petition is valid till September 2016 (I changed employers a few months ago so petition is valid till a later date).

I have applied for I-485 adjustment of status. Along with that I also applied for I-131 advanced parole and I-765 EAD. My application was received in early November and I also got my fingerprinting done last week.

I want to travel to China for work purpose in January 1st week. However, I don't expect my advanced parole (AP) document to be approved and mailed to me by then. I have read that I can depart and return to the US using my valid H1-B Visa without the risk of abandoning my I485 AOS application. However, my immigration attorney is adamant that I must not travel before receiving approved AP, otherwise my I485 AOS application will be considered abandoned for sure.

Can you please let me know if I can safely depart and return to the US using my valid H1-B and not having an approved AP? This is an urgent and necessary trip so I do not want to postpone it based on wrong information. But at the same time I can't have my AOS application abandoned at any cost.

Thank you in advance.

Answer
Hi Najmuddin,

Maintaining H1B visa status allows for departure from the U.S. without abandoning a pending AOS application. Travel on advance parole is not required since you plan on entering on an unexpired H1B visa stamp (even though it is issued in the name of Co. A and you are currently employed by Co. B). This is general advice, but your current attorney should be able to advise you exactly why you must wait for AP.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.