Svetlana Marthinolova
Feb 28, 2021
Am I stuck after 485 application?
Hello people.
My I-140 was approved and I am still waiting for EAD card after applying for I-485.
I have a valid J-1 status, can I travel and re-enter using my valid student Visa?
Would it cause harm to application?
Thank you
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Waiting DudeFeb 28, 2021
I was once in a similar position and travelled with my valid H1B visa.
S B RFeb 28, 2021
No, you can’t. You need to apply for a Travel Document from USCIS. Otherwise they’ll take it as you’ve abandoned your application. They have all that info on the USCIS website
Svetlana MarthinolovaFeb 28, 2021
Thank you, Dude. This confuses people once they usually don't keep other non immigrant status when they apply for I-485
Waiting DudeFeb 28, 2021
Not. true... once ur visa is valid it does not affect your 485 application u only need parole when ur visa expires and u don’t have GC in hand .. consult a lawyer though
S B RFeb 28, 2021
Please read the “NOTE” section on I-131 instructions page 1 and 2. It will show you that J-1 is not included in the categories that don’t need a travel document! If you leave on your J-1 without a travel document they will accept that you abandoned your application.
Svetlana MarthinolovaFeb 28, 2021
Hi S BR, thank you for your response. But 131 is the advance parole, right? I don't plan to use it to re-enter the US.
S B RFeb 28, 2021
You cannot leave the U.S and re-enter on your J-1 while having an application pending for I-485. You have to apply for advanced parole to use to re-enter as they will not accept your J-1 with a pending I-485 application.
Adam TFeb 28, 2021
I agree with SBR. Since you have had a nonimmigrant visa, J-1, unlike H1B, you cannot travel out using your J-1 visa even if it is valid. you have to apply for advance parole before you leave, otherwise your I-485 will be considered abandoned , hence rejected. H1B allowed traveling using there visa since the intention of visa was a temporary “immigrant” visa, unlike J-1 and F-1 visas. I am not a lawyer but this is what I know.
Svetlana MarthinolovaFeb 28, 2021
Hey you guys, thank y'all for your concerns.
i. c.Feb 28, 2021
If you leave the country they see that as you abandon your application. All that money and time wasted. It’s not worth it, don’t travel if you don’t have Advanced Parole
Svetlana MarthinolovaFeb 28, 2021
Hi, Mr Leuer has just answered my email, SBR and Adam you're right, I gotta wait for parole document
