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Do I need EAD/Advance Parol

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  • Do I need EAD/Advance Parol

    I have applied for Green Card under EB1 category and my biometric appointed is scheduled for June 8th. I am on L1 visa which is valid till Dec'2020. I need to go to my home country (India) on 11th July and I may not receive the Advance Parol by that time.

    - Can I go to India without Parol and reenter with valid L1 visa?
    - Will this impact on my GC applicaiton?

    Any suggestion or pointers are most welcome.

    Rgds/Ajay

  • #2
    "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required)."

    https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-24520/0-0-0-24707.html

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    • #3
      Thank you that resolved my query!

      Thanks this is what I was lookinng for.

      Originally posted by inadmissible View Post
      "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required)."

      https://www.uscis.gov/ilink/docView/...0-0-24707.html

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      • #4
        Originally posted by ajaygupta View Post
        I have applied for Green Card under EB1 category and my biometric appointed is scheduled for June 8th. I am on L1 visa which is valid till Dec'2020. I need to go to my home country (India) on 11th July and I may not receive the Advance Parol by that time.

        - Can I go to India without Parol and reenter with valid L1 visa?
        - Will this impact on my GC applicaiton?

        Any suggestion or pointers are most welcome.

        Rgds/Ajay
        I have been told the same...and I will try it in a couple months. I travel frequently and just waiting for AOS was not an option...my work consists of frequent trips to all Americas region - more than anyone would like!!

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