I-485 through marriage pending, travel abroad and re-enter with H-1B

[kindrich]

Hi all,

From this: https://www.lsuhsc.edu/administratio...r_pending.aspx
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If your current status is H1B or H-4

H is a dual intent status that permits a beneficiary to have either immigrant or non-immigrant intent. Persons who have obtained or are requesting H status are not required to show non-immigrant intent (a residence abroad they do not intend to abandon) to enter or re-enter the United States. A pending or approved petition I-485 should have no impact on an H holder's ability to enter or re-enter the U.S. in H status.
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer. All travelers must have a valid H1B/H4 entry visa.
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Has anyone done this? Is there any risk associated with this?

[Pepsimax]

This is what I wanna do too. I am on H1b right now but I applied I131(i.e., AP) too. I need to go to embassy to get a H1b visa stamp, which has the risk to have administrative check! sometimes it takes forever I do not have forever PTO!!!!!!

[newacct]

Hi all,

From this: https://www.lsuhsc.edu/administratio...r_pending.aspx
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If your current status is H1B or H-4

H is a dual intent status that permits a beneficiary to have either immigrant or non-immigrant intent. Persons who have obtained or are requesting H status are not required to show non-immigrant intent (a residence abroad they do not intend to abandon) to enter or re-enter the United States. A pending or approved petition I-485 should have no impact on an H holder's ability to enter or re-enter the U.S. in H status.
Adjustment applicants who are in valid H-1B status, and their dependents, can travel abroad and reenter the United States in H status while an I-485 is pending, without having to obtain advance parole. The H1B must still be eligible for H status and returning to the previously approved employer. All travelers must have a valid H1B/H4 entry visa.
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Has anyone done this? Is there any risk associated with this?

What they said is correct. Someone on H1b/H4/L1/L2/K3/K4/V status can leave the US while I-485 is pending without Advance Parole without abandoning their I-485, as long as they return on the same kind of visa.

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This is what I wanna do too. I am on H1b right now but I applied I131(i.e., AP) too. I need to go to embassy to get a H1b visa stamp, which has the risk to have administrative check! sometimes it takes forever I do not have forever PTO!!!!!!

Well if you have already gotten your AP by the time you leave, then you can still try to get the visa, but if it takes too long you can get your passport back and just return on the AP. That way you don't have risk of being stuck abroad.

[inadmissible]

I think it is a bad gamble

If you lose your H-1B job or the petition is revoked while you are abroad, your adjustment of status is deemed abandoned

Advance Parole pursuant to adjustment is free. What do you have to lose by applying? Rely on departing and returning on a H/L only if you need to travel sooner than your AP can be approved