Options for travel outside of the US for an H-1B with a pending I-485 application for permanent residency (Green Card)?

Asked 9 months ago - Dallas, TX

Married in the last year to my spouse, a US Citizen. Continue to be a non-resident, working in the US under a valid H1B visa even prior to marriage. Last month, recently filed for permanent residency through my spouse - US Citizen sponsorship - as opposed to US Employer sponsorship. Application filed: I485, I765, I131, I130.

For the purposes of traveling abroad, the H1B is exempt from the advance parole, meaning the H1B visa holder may return to the US presenting a valid H1B, and may do so while simultaneously maintaining a adjustment of status application for PR. Yes?

With a pending I-485 application for PR while currently holding an active H1B, what recommendation is there for travel outside of the US? Any risk or material impact to the pending petition? Any advice?

Attorney answers (2)

  1. Nareshwar Singh Birdi

    Contributor Level 7


    Best Answer
    chosen by asker

    Answered . For legal advice specific to your case, I urge u to contact a competent immigration attorney. Most of us provide free initial consultations via Skype. Here is the brief overview of the H1B and AOS situation in general:
    H is a dual intent status. AOS applicant who is in valid H-1B status, and his dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer. All travelers must have a valid H1B/H4 entry visa. H1B/H4 status must be maintained while awaiting AOS.
    However, if the H1B holder has used the AOS based EAD card to leave his previous H1B employer and is working for another employer, he may NOT re-enter in H1B status and return to work for the first employer using the H1B exception. Such individual and his dependents must obtain Advance Parole and will not be considered to have maintained H status.

    The answers provided here are not intended to form an attorney client relationship and no such relationship is formed here. The answer is not intended to be legal advice regarding the asking person's specific situation. I urge the individual to contact a competent immigration attorney to seek specific legal advice regarding their situation.

  2. Wendy Rebecca Barlow

    Contributor Level 20

    Answered . You would be best advised to consult an experienced immigration attorney as more information is needed to provide proper guidance. There are always risk when teaveling ourside the United States. An attorney would need to know whether you still work for your employer, whether the visa is valid, what country you are from, etc. to begin to provide sound advice.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more

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