Travel On H1b When I-485 Aos Application Pending

[Conlin]

Hi Ajay,

I am an Indian citizen currently living and working in the United States on a valid H1-B Visa. My Visa is valid till September 30, 2014 and the H1-B petition is valid till September 2016(I changed employers a few months ago so petition is valid till a later date). I have applied for I-485 adjustment of status. Along with that I also applied for I-131 advanced parole and I-765 EAD. My application was received in early November and I also got my fingerprinting done last week.

I want to travel to China for work purpose in January 1st week. However, I don't expect my advanced parole(AP) document to be approved and mailed to me by then. I have read that I can depart and return to the US using my valid H1-B Visa without the risk of abandoning my I485 AOS application. However, my immigration attorney is adamant that I must not travel before receiving approved AP, otherwise my I485 AOS application will be considered abandoned for sure.

Can you please let me know if I can safely depart and return to the US using my valid H1-B and not having an approved AP? This is an urgent and necessary trip so I do not want to postpone it based on wrong information. But at the same time I can't have my AOS application abandoned at any cost.

Thank you in advance.

[Payat]

Hi Najmuddin,

Maintaining H1B visa status allows for departure from the U.S. without abandoning a pending AOS application. Travel on advance parole is not required since you plan on entering on an unexpired H1B visa stamp(even though it is issued in the name of Co. A and you are currently employed by Co. B). This is general advice, but your current attorney should be able to advise you exactly why you must wait for AP.