Hello
I have currently a valid H1B visa (and my wife has an H4) that will expire in two years.
I applied for Advance Parole a few weeks ago (along with 485 and EAD) and the Advance Parole has NOT been approved yet (we are waiting).
The question is if I can travel outside the US with no approved advance parole, that is, having applied for AP but without having it approved yet.
I have two different opinions from two different lawyers. One of them told me that there is absolutely no problem.
The other one told me that I won't have any problems with re-entering the country (because I will be showing my H visa to the immigration officer and he will have no problems in letting me in), however, if after I come back, the "adjudicator" that is reviewing my 485 finds out that I left the country before the AP document was approved, he WILL interpret this as "forfeiture of my Adjustment of Status application".
In other words, you can come back to the country (on your H) but your 485 will be considered abandoned.
The trick is (the second attorney told me) that some "adjudicators" do not look at the "arrival-entry" database when they are evaluating your application, so the typically don't find out. However there is a risk, therefore, DO NOT LEAVE WITHOUT AP EVEN IF YOU HAVE H1/H4.
Could you give me a third opinion about this?
Thanks
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to ManuFan:
ManuFan,
My understanding is that it is fine to travel on your valid H1B/H4 (stamped in passport) whilst you AP application is pending. In fact, as long as you are returning within the validity of the H1B, you needn't have even applied for AP.
The fact that it has been applied for does not stop you using your H visas, as this is a perfectly legal method of re-entry.
It's partly covered here: http://www.uscis.gov/files/nativedocuments/AILA...
See point 26 and Addendum V.
However, IANAL, so the final decision is yours.
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