I left U.S with an expired Advance Parole, and will return U.S using a new H1B. What will happen to my proved I-140 and I-485 pe
1 attorney answer
Yes, I think that you do need to refile your I-485 (which can only be done if your priority date is current). The regulations concerning permissible travel w/o Advance Parole for individuals in H or L visa status require that the traveler be in valid H/L status at the time of departure from the U.S. Since you left your H-1B employer and were working for a new employer, you were no longer maintaining valid H-1B status.