Mark Tan
Jun 23, 2023
Traveling outside the US while 485 is pending
Hi there,
I am currently in the US under H1b status, I will be filing for I-485 pretty soon.(My spouse is a permanent resident and will be sponsoring me, we have filed i-130 already and it is pending).
I plan to travel outside the US for family reasons in October. Ideally, I want to obtain the H1B visa in the foreign country and use that visa in order to get back to the US. (I have been in H1b status since a few years ago and never left the country since then).
Should I also apply for form I-131 Advance Parole? I feel like having an AP will be a back up option/safety measure just in case my H1b visa application doesn't go well or anything like that. Obviously I might have to escalate the Advance Parole (emergency AP).
Please let me know if my idea is wrong, thanks a lot!
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Jaycee C.Jun 28, 2023
Hey @Mark Tan while I can't claim to be a lawyer, I've had my fair share of experience navigating the immigration system as an immigrant. So, here's a tidbit of advice for you. If you have an ongoing I-485 application or whatever application with USCIS, it's like riding a rollercoaster! To travel internationally without throwing a wrench into your application, you'll want to grab yourself an Advance Parole ticket. This nifty travel document allows you to hop back into the US without ditching your application. Even if you have another visa, like the H-1B, having Advance Parole in your pocket adds an extra layer of security. Think of it as a safety net in case you encounter any visa hiccups or unexpected surprises.
scaves CavesJul 8, 2023
@Mark Tan Hey Mark, as far I'm concern, any Visa voids the moment you submit a I-485, so I would definitely get Approved AP before doing any international travel
