Arun Kumar
Apr 7, 2021
Travelling outside US with H1B while green card approval is pending
I’m on H1B. My spouse has sponsored my GC. We had also filed for AP/EAD. We’ve been waiting since Aug 2020. There hasn’t been any progress on EAD/AP. I need to travel home to visit my parents. I would have to go for Dropbox to have my H1B visa stamped.
1. Can I use my H1B to travel and return to US without affecting my Green card process?
2. Will my EAD/AP get revoked?
3. If my EAD/AP gets revoked can I refile without any issues?
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piku @9Apr 7, 2021
From my understanding, if you reenter US using H1B it would not affect any ongoing processing for I485/I765/I131
pat sreeApr 7, 2021
I don't think there should be any problem to use your H1B to return. Infact it is suggested to be on H1B as long as possible till your GC process is completed, if God forbid the GC is not approved for any reason then you will atleast be on valid status if you are still on H1B.
But be aware that there may be delays even in Dropbox for H1B stamping due to Covid which may delay your return to the US.
Rocco FortéApr 7, 2021
Don’t do it
Arun KumarApr 7, 2021
do you have any negative experience
Rocco FortéApr 7, 2021
if you apply for permanent residency you are showing that you intend to move from one status to another. you cannot be on two status at the same time. that was why you had to apply for advanced parole. The CBP officer might not let you in at the airport
Rocco FortéApr 7, 2021
it’s simply not worth the risk
piku @9Apr 7, 2021
H1B is unique dual intend visa and safe for travel with pending GC application. any lawyer would affirm this. However visa processing delay should be of concern even for dropbox applications I guess.
