Can I travel to europe and return to US using my passport stamped h1b visa while i130 and i485 are pending? should I delay 130?

Asked about 1 year ago - 33132

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.

Attorney answers (4)

  1. Jose Antonio Moreno

    Contributor Level 15


    Lawyers agree

    Answered . I agree.

  2. Theodore John Murphy


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Dean P Murray

    Contributor Level 18


    Lawyers agree

    Answered . 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
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Tripti Sharad Sharma

    Contributor Level 18


    Lawyers agree

    Answered . 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.... more

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