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Advance Parole while renewing H1-B

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  • Advance Parole while renewing H1-B

    I'm in the process of green card approval and I was recently approved the Advance Parole document in my EAD card. This allows me to leave the country and reenter during the GC process
    In the meantime, my wife and I are currently H-4 and H1-B visa respectively but our visas are going to expire in August 2019. In parallel to the GC we are waiting for our H visa extensions to be approved.

    My question is: Can we reenter to the US using the Advance Parole document and would leaving the country hurt our process of H-1 and H-4 extensions?

    Wondering if anybody has gone through this. Thanks
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

  • #2
    1. Yes.
    2. No.

    FYI: Once you enter the country using your AP, you are no longer in H1 status.
    Just an opinion; Not legal advice.

    Comment


    • #3
      scientist2016 Thanks a lot! Very helpful. Yes, that's what I thought that you are no longer on H1 status, but I was worried that the H-1B and H-4 extension case would be considered abandoned.
      EB2 - National Benefits Center (I-485/I-765/I-131)
      - Priority Date: 10/19/2018
      - Biometrics NOA: 11/09/2018
      - Biometrics Appt: 11/26/2018
      - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
      - Combo card (I-765/I-131) approved: 05/03/2019
      - Combo card (I-765/I-131) received: 05/10/2019
      - Interview Notice: 10/03/2019
      - Case Approved: 10/04/2019
      - Card in hand: 10/10/2019
      (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

      Comment


      • #4
        They would most likely be adjudicated, but will not come with a I94, if approved.
        Just an opinion; Not legal advice.

        Comment

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