Do you have to apply for Advance parole for H-1B visa?
Failure to receive the AP before traveling will result in AOS petition abandonment. If the applicant has a valid H-1B visa and possesses a pending AOS application, it is not mandated to obtain an Advance Parole to reenter the United States.
Can you apply for a green card if you are not H-1B?
This is one of the benefits of maintaining a valid nonimmigrant status from the beginning to the end of your green card application process. If you do not have a valid H-1B status, you will need to obtain advance parole before traveling. Otherwise, you may not be allowed to re-enter the U.S. after your journey abroad.
Can a H-1B visa holder travel outside the US?
H-1B holders traveling outside the United States with pending AOS If the applicant has a valid H-1B visa and possesses a pending AOS application, it is not mandated to obtain an Advance Parole to reenter the United States. Actually, if an H-1B visa holder reenters the United States with the Advance Parole, his/her H-1B status will be terminated.
Can a person with a Pending AP application travel abroad?
However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.
How to apply for AP with H-1B status?
When traveling, we recommend carrying a copy of your I-485, Adjustment of Status receipt notice, as well as your H-1B approval notice and recent pay stubs with you when you travel. To use AP to re-enter, the AP application must be approved before you depart the US.
Can you use advance parole on a H-1B visa?
Currently, if you have an approved, valid Advance Parole travel document, you may use it to re-enter the U.S. while your Adjustment of Status Application is pending, instead of re-entering on your H-1B visa. However, there are several benefits and disadvantages to consider before utilizing Advance Parole.
What happens to my H-1B status if I re-enter the US?
WILL I LOSE MY H-1B STATUS IF I RE-ENTER THE U.S. USING MY ADVANCE PAROLE (AP) TRAVEL DOCUMENT WHILE MY ADJUSTMENT OF STATUS APPLICATION IS PENDING? We are still waiting for USCIS to issue a final rule to clarify this issue.
Can a H1B visa be used while an I-131 is pending?
Normally, you are allowed to travel while your other visa like L-1, L-2, H1B, H-4, K-3, K-4, or V is still valid and can be used to re-enter the USA. But, USCIS can deny your pending i-131 advance parole application irrespective of your visa on your exit from the USA.