Was just married last week in US to husband, who was born in US. My h1b has been extended twice, and will expire in June. I want to travel to europe, and return to the US while my h1b is still valid. My husband wants to file I-130 and I-485 before I travel abroad. His attorney says that I can exit/enter US using my h1b just as I have several times before we were married. He says that I do not need advanced parole, and that my 485 will not be "abandoned" if I travel. Furthermore, he says that I should have no problem returning to the US as long as I have the h1b and 797b work permit. My employer handled legal affairs before, but now I have to get my own legal asistance. Please give an opinion before I commit to any action, as I need to spend a lot of money, and want to do it right.
Yes you can travel. I do suggest you file the I-130/I-485 and advance parole now before you travel.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
5 lawyers agree
I agree with my colleagues.
If you have additional questions, you can always contact an immigration lawyer directly, whether myself or one of my colleagues. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
I agree with my colleagues.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.