Can I travel outside the United States with Valid H1B visa and without Form i-131 Application for Travel Document while Form I-130 and Form I-485 is being processed? Will there be any Issues while returning? My H1B Expires in December. Please Advise.
Individuals with H-1B visas are allowed to travel and re-enter the U.S. with the H-1B visa, even if they have an I-485 application pending, without an advance parole document. However, you should consult with your employer's immigration counsel before traveling.
You can but will have to refile the I485 when you return on your H1B as the one filed will be deemed abandoned.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Yes, the H can be used. BUT ... the I-131 doesn't cost anything extra if submitted with the 485 ... so, why not do it?
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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