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paci     03/27/2017 18:51 PM
 


folks,
has any valid H-1b holder traveled outside US while having advance parole application pending?

I have a valid H-1b till Sept 2017 and I also have a pending application for adjustment of status and advance parole (I-485,I-131 and I-765).

I am curious if I can travel outside US on my valid H-1b without abandoning my adjustment of status application.


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Kayvii     03/27/2017 19:02 PM
 


Don't travel on your h-1b visa, uscis will denied your entire application, wait until you get the I-131. If you scroll back a few pages you'll see where a fellow applicant visits Canada for two days without advance parole and they cancel her I-130 and I-131 and denied her green card.
She had to start the entire process from the beginning including paying the 1760 again.

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paci     03/27/2017 19:05 PM
 


Hello Kayvi,
I was just at the USCIS office today in San Francisco and they told me it was okay to travel. H,L,K visas are exceptions.

Do you know anyone else who travelled without advance parole?
I am getting really confused ;(

Yes, I saw the story with the trip to canada a few pages back, but it does not specify what visa the person had.

Do you have any more information?? I have an upcoming trip on Friday.

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Kayvii     03/27/2017 19:10 PM
 


No I haven't, well if they told you it's ok; then you have to make that decision on your own, or you can get additional info from a lawyer.

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paci     03/27/2017 19:13 PM
 


my attorney also said it was fine, I was just checking if anyone has done it.
You cannot trust attorneys in this world, they always cover their asses :)

Do you know anyone who travelled on H1b like that?
Also, the person that went to Canada, how do you know she was on H1b?

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Kayvii     03/27/2017 19:26 PM
 


I saw someone respond to your earlier post said they travelled using it and had no problem

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Kayvii     03/27/2017 19:28 PM
 


No I dont; She didn't specify which category of visa she used to travelled

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Visitorhello     03/27/2017 22:32 PM
 


YES you can travel. I have done it and it was absolutely fine. I travelled on valid H1B with a pending adjustment of status application, pending advance parole, ead, etc. You can travel, and your application is not considered abandoned. It seems like there is a lot of confusion about this out there but trust me - I did it and it was fine. Also, remember that H1B is a dual intent visa.

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paci     03/28/2017 12:03 PM
 


Visitorhello,
thank you!!
You have travelled outside of US, right?

Have you received your advance parole and everything in order after you have travelled internationally on an H1b?

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H-TownJC     03/28/2017 09:43 AM
 


Hello Paci, all

I’m in a similar situation, currently H1B awaiting AOS via I-130, I-485. My priority date is June 16 2016 (I’m in Houston were AOS is taking about 13 months).

 Just after my application was originally submitted I traveled outside of the US to Belize (June 29-July 03), Bahamas (July 06-July 10), Guatemala (July 10-July 26) . These trips happened before I got my EAD/AP on August 31, 2016.

Since I got EAD/AP I have also traveled abroad to Mexico (September) and Honduras (September, January 2017) keeping my H1B status.

So Yes you can travel as long as you maintain your H1B status, you application should not be deemed abandoned. Good luck & Happy Travels

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paci     03/28/2017 12:02 PM
 


H-TownJC and all, Thank you!!!
Before you left the country, you waited for your receipt number correct?
I have my receipt number and the website of homeland security says the have exceptions of the abandonment rule for H,L,K visas. Which allows us to travel abroad on H-1b.
It helps me a lot since you are in the same boat and have done it, because the USCIS officer yesterday was not super positive about that.

Just FYI, I was in the USCIS building yesterday and they said because of the elections they have received many applications at the end of 2016. Now the applications are slowing down, so hopefully processing times will speed up a bit.


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SS Couple     03/28/2017 16:08 PM
 


Please let us know how your travel goes. Good luck. My lawyer said you can travel on H1b without any issues if you have a Valid H1b stamping on your passport from your country. Our timeline is
Pd Jan 2017
Bio-metrics done Feb 28th
Scheduled for interview on Mar 9th
But no notice on Advance parole and EAD, or on Interview since than.
Please share your timeline too if you also applied via Houston.
Good luck!

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paci     03/29/2017 19:23 PM
 


Thanks SS Couple. So far I have been getting positive feedbacks, thanks to all good folks at immihelp, my attorney and the USCIS officer. So i am will travel on my h1b next week.

My dates are
pd- 2013
USCIS received my AOS application March 1. Since then I have been just waiting.
My service center is Nebraska though.

Do you know how these two centers differ from one another?

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sepemiguel     09/20/2017 15:58 PM
 


Hi Paci, did you make your travel? any troubles?

I'm in a similar situation, I'm currently on H-4 (dependent to my husband) but my H-1B is just approved.
I'm planning to travel next week to get my stamping, and my AOS is currently pending, (EAD, AP and I-485).
My attorney mentioned that my AP will probably be denied, but he said that EAD and I-485 should not be considered as abandoned, but I'm still a bit concerned.
Not sure if there is anybody who was in a similar situation, but I'd love to hear similar experiences.
Thanks!

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paci     09/20/2017 17:49 PM
 


sepemiguel,
i did my travel and I had no issues. I travelled abroad and came back in, one month later they approved my EAD/AP.
Then I travelled again, came back, and a few weeks after my second travel my I-485 got approved too.

As far as I know, they have changed the rules for EAD/AP this summer. I think your attorney is right about the AP.
It is not supposed to affect anything else.

https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel

Check the official site, which has not bee affected since 2016 though. It is a little bit of a grey area with all these things changing nowadays.

Let me know if I can help in any other way.

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sepemiguel     09/20/2017 18:35 PM
 


paci, thanks for your answer, great to hear that you did not have any issues!

TBH, I'm totally ok if they deny only the AP, but my main concern is with EAD and I-485 application.

I guess the difference between your case and mine is I'm on H-4 and will apply for H-1B with my approval notice. Based on the link you provided and some other USCIS forms, H category visas should be exempt of this abandonment rule, but I'm not 100% sure if this applies to people who change their visa from H-4 to H-1B.

Is your EAD card a combined one with AP? I'm wondering if they cancel the whole combined card now or just the AP notice on it.

Did any CBP agents ask you about your AP or whether you have an ongoing AOS or not on your first trip? I'm planning to enter at SFO, would you mind sharing the airport you used?

Thanks again for your answers, really really helpful!

Best

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paci     09/20/2017 19:16 PM
 


sepemiguel,
I have also used the same airport. They did not ask me anything about the AOS, but I am sure they know everything anyway. Anyway, there is nothing to hide. It is completely OK to have AOS undergoing. I am not sure how you will apply for H1 with the EAD??
I had EAD and AP on the same card. Once you enter under EAD this is what rules for you. If you have work permit with any other valid visa, it will be no longer valid for you.


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sepemiguel     09/20/2017 19:51 PM
 


paci,

oh I didn't mean I'd apply to H-1B with my EAD, I got the H-1B approval for this fiscal year, and it'll be activated starting Oct 1st. I meant I'll go to the US consulate and get a stamp for it.

I didn't get any approval for any of the AOS processes (EAD etc) yet, they're all in `fee received` state for almost 2 months now.

I guess the worst case scenario for me is if they deny my H-1B stamp and also cancel my AOS process here, well.. hoping it won't come to that.

Anyways, thanks a lot, and will shoot you an email if I have more questions.

Best

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xyge1     10/22/2017 23:42 PM
 


Thank you all for the good information. I will be facing similar situation soon, and have a couple questions. I'd appreciate very much if you can response to my questions below.

I am working on H1B (valid until Sept 2019) and about to submit my I-485 application. I will travel soon after the submission. From people's experience posted here, it is positive that travel with valid H1B while I-485 pending is fine. My question is: when submitting I-485, the latest I-94 is submitted. After travel, there will be a new I-94 for. Do I need to send this new I-94 form out (for I-485 application) or not? Is there any communication need to be made with USCIS after the travel?

The other question is: I may not receive the I-485 application receipt before I leave for travel. Do I need I-485 receipt for the travel?

Thanks a lot in advance for your responses!

Best

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