Traveling with H1B while I-131 is pending

[tankol1]

Hi everyone,

Sorry if this has been asked before.

I have applied for I-485/EAD/AP and already got the NOA (received day is 04/05/2021). I'm currently under H1B status, although I don't have the passport stamp yet so I will need to go to a US Embassy to get that.

I will be traveling internationally in October and I was hoping I would have the AP by then. However, it's been two months since the received day and I haven't even gotten the biometrics appointment.
So my question is: if I come back into the US using my H1B, will that affect my pending I-485/EAD applications? I have always heard that one must not travel while these documents are pending without the AP but I have read somewhere that with an H1B it's fine.

Also, is it reasonable to hope I will get the AP before October? The National Benefits Center says its processing time is 3 to 5 months but I'm not sure if that's true considering I don't even have the biometrics appointment.

Thanks a lot to everyone helping on this forum!

Best!

[rkk09]

Hi,
Please see my Answers below.
if I come back into the US using my H1B, will that affect my pending I-485/EAD applications? I have always heard that one must not travel while these documents are pending without the AP but I have read somewhere that with an H1B it's fine?
Answer: If you have valid Non-Immigrant visa which is H1B then you will not have any issues returning back to the USA and it will not affect your pending Adjustment of status petition.
Normal processing time for Form I-131 is 3 months.. I hope you may expect before October..
Thanks

[newacct]

Leaving (with you having H1b status just before you left) and coming back on H1b visa will not affect your AOS or EAD applications. But your Advance Parole application will likely be denied. You can, of course, just file another Advance Parole application for free when you come back to the US.

[tankol1]

Hi,

Thank you very much for the answers.
It's good to know I can safely travel even if I don't receive the AP in time. I would rather have it so that I won't have to go to the embassy for the passport thing but I won't worry about it as much!

Best!