AP denied after traveling on H1-B?

[immalilpig]

This is in regards to a marriage I-485 AOS. I'm on valid H1B.

I was told that apparently, effective 2017, if you travel before you AP is approved, and enter on valid H1-B, your AP will be denied on the basis that you traveled before it was approved. I was going to travel before I receive my AP but I'm hesitating because of this info. Has anyone run into this problem this year?

[Pepsimax]

This is in regards to a marriage I-485 AOS. I'm on valid H1B.

I was told that apparently, effective 2017, if you travel before you AP is approved, and enter on valid H1-B, your AP will be denied on the basis that you traveled before it was approved. I was going to travel before I receive my AP but I'm hesitating because of this info. Has anyone run into this problem this year?

Really????????????????????????????????????Holy **** I am in this situation exactly. I cannot open the website!

Okay, It indeed states "If you depart from the United States before the Advance Parole Document is issued, your application for an
Advance Parole Document will be considered abandoned."

well, I still feel it's Ok if you are on valid H1b. you can work, stay in US and wait for green card.

[immalilpig]

Text from Murphy law website for those who can't open the link:

"USCIS Denying Advance Parole Applications Based on Overseas Travel
10 Aug 2017
In a recent trend, the United States Citizenship and Immigration Services (USCIS) has begun to deny advance parole (AP) applications (form I-131) for applicants who have traveled abroad before their applications are approved. This is in stark contrast to the previous, longstanding policy, which allowed an AP applicant to travel abroad while the case was pending, as long as the individual had other valid means of being readmitted to the United States.

Advance Parole to Avoid Abandonment of Green Card Application
Generally, if an applicant for adjustment of status (form I-485) departs the United States while the application is still pending, the I-485 is considered abandoned and is denied. However, if an adjustment applicant is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., the adjustment application is not considered to be abandoned. Additionally, if an adjustment applicant travels abroad during the pendency of the I-485 application, it is not typically denied if the foreign national has a valid, unexpired AP document that was approved prior to departing the United States.

Form I-131 Denials
Recently, the USCIS has begun denying I-131 applications solely on the ground that the applicant traveled while the application was pending. The denials do not distinguish between applicants who need the pending AP to travel and those who have either a qualifying visa or an already valid advance parole.

The USCIS is justifying these denials based on an instruction in the latest version of form I-131(issued on December 23, 2016), which indicates that the application will be denied if the applicant travels before it is adjudicated. Until these denials began a few weeks ago, travel during pendency of an advance parole application had not typically resulted in denial.

Conclusion
The new policy may stem from President Trump’s mandate to reduce parole applications and approvals, with the goal of reversing earlier trends to approve most parole applications. The **** ** Law Firm, along with other stakeholders, including the American Immigration Lawyers Association (AILA), have been in touch with the USCIS to push for a reversal of this change in policy. **** **DotCom will continue to closely track this matter and post updates, if there are any new developments. This important issue affects many who have I-485 adjustment-of-status applications and have been traveling abroad for years with valid and unexpired advance parole documents."

[newacct]

A later post from the **** ** website indicates that they have corrected this mistake many months ago:

**** ** Takes Action: NSC Agrees to Stop Denying Advance Parole Applications Based on Overseas Travel
25 Aug 2017

As reported in the **** **DotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017) the U.S. Citizenship and Immigration Services (USCIS) began denying advance parole (AP) applications (form I-131), in recent months, for applicants who traveled abroad before their respective I-131s were approved. In response to this alarming recent trend, lawyers from the **** ** Law Firm communicated with the USCIS Nebraska Service Center (NSC), as well as other USCIS service centers, arguing that such AP applications should not be denied if the applicant has some other valid means, besides the pending AP, to return to the United States. Fortunately, during a recent stakeholder teleconference with the NSC, a senior level USCIS representative acknowledged receipt of the **** ** Law Firm correspondence and agreed with our arguments that such AP applications should not have been denied.

[immalilpig]

A later post from the **** ** website indicates that they have corrected this mistake many months ago:

**** ** Takes Action: NSC Agrees to Stop Denying Advance Parole Applications Based on Overseas Travel
25 Aug 2017

As reported in the **** **DotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017) the U.S. Citizenship and Immigration Services (USCIS) began denying advance parole (AP) applications (form I-131), in recent months, for applicants who traveled abroad before their respective I-131s were approved. In response to this alarming recent trend, lawyers from the **** ** Law Firm communicated with the USCIS Nebraska Service Center (NSC), as well as other USCIS service centers, arguing that such AP applications should not be denied if the applicant has some other valid means, besides the pending AP, to return to the United States. Fortunately, during a recent stakeholder teleconference with the NSC, a senior level USCIS representative acknowledged receipt of the **** ** Law Firm correspondence and agreed with our arguments that such AP applications should not have been denied.

But then on 10/30.....

"Texas Service Center Still Denying Advance Parole Applications Based on Overseas Travel
30 Oct 2017
The U.S. Citizenship and Immigration Services (USCIS) Texas Service Center (TSC) is still denying advance parole (AP) applications (form I-131) for applicants who travel abroad before their AP applications are approved. As previously reported, this is contrary to the longstanding practice by the USCIS to allow international travel while an I-131 is pending, as long as the applicant has some other means of being readmitted to the United States, such as an existing, unexpired AP or an H1B visa.

Background: NSC Revises Position after **** ** Takes Action
In August 2017, **** **DotCom cautioned stakeholders about a recent trend in which the U.S. Citizenship and Immigration Services (USCIS) had begun denying AP applications for applicants who traveled while their applications were still pending. More details on this sudden and unannounced change in practice by the USCIS is available in the **** **DotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017).

In a follow-up NewsBrief, **** ** Takes Action: NSC Agrees to Stop Denying Advance Parole Applications Based on Overseas Travel (25.Aug.2017), it was reported that the Nebraska Service Center (NSC) had agreed to cease this practice. It was further noted, however, that the **** ** Law Firm had yet to hear back from the other USCIS service centers on this matter.

TSC Still Denying I-131s Based on International Travel
Since then, attorneys at the **** ** Law Firm have seen several AP denials issued by the TSC based on applicants who were traveling internationally while their respective applications were pending. There have been similar reports from other members of the American Immigration Lawyers Association (AILA). Given that the NSC has stopped this practice, it seems clear that this is not a national directive by the USCIS. It therefore is disconcerting to see the TSC continue to deny these cases.

Conclusion
The **** ** Law Firm, AILA, and other stakeholders continue to pressure the TSC to cease their denials of these AP applications. In the meantime, however, AP applicants are cautioned against international travel while their AP applications are pending, especially in cases filed with the TSC."

[azblk]

Why would you need Ap if you already have a dual intent visa like H1B ? Are you planning to abandon H1B when your AP is approved?

[Pepsimax]

Why would you need Ap if you already have a dual intent visa like H1B ? Are you planning to abandon H1B when your AP is approved?

Ok so my H1b was approved. I do have a I797-A saying I am approved and I can work in US now. However, I need a H1b visa page on my passport in order to come back to US. That thing is a similar thing to F1/b1 visa page on my passport. Just for entering US purpose.

[immalilpig]

Why would you need Ap if you already have a dual intent visa like H1B ? Are you planning to abandon H1B when your AP is approved?

No, but in case something happens to my job, e.g. if I'm let go, then I can still use AP to go in and out of the country while waiting for my I485 approval.

[immalilpig]

Ok so my H1b was approved. I do have a I797-A saying I am approved and I can work in US now. However, I need a H1b visa page on my passport in order to come back to US. That thing is a similar thing to F1/b1 visa page on my passport. Just for entering US purpose.

You're on the wrong thread perhaps? My AP is connected with my I485 AOS. I don't have an issue with my work visa.

[azblk]

Ok so my H1b was approved. I do have a I797-A saying I am approved and I can work in US now. However, I need a H1b visa page on my passport in order to come back to US. That thing is a similar thing to F1/b1 visa page on my passport. Just for entering US purpose.

Go to US consulate in Canada or Mexico for stamping. Wrong forum.

[Zhen Liu]

I am facing a similar situation.
Is there any follow-up on this?
I am going to use my valid H1B VISA to enter US and having filed I-131 and I-765 with my I-485.
Will my case facing the threat of being abandoned? If so, which one?
I-131 only?
or
I-485, I-765, I-131 all together?
Thanks so much

[boogiewoogie]

I am facing a similar situation.
Is there any follow-up on this?
I am going to use my valid H1B VISA to enter US and having filed I-131 and I-765 with my I-485.
Will my case facing the threat of being abandoned? If so, which one?
I-131 only?
or
I-485, I-765, I-131 all together?
Thanks so much

Same situation for me, will be traveling on L1B visa which expires mid April. I will re-enter with visa that's still valid for 4 days (should be fun) while my EAD/AP/AOS etc are all still pending.
As far as i understand from research and this thread only AP might be considered abandoned.

[azblk]

Same situation for me, will be traveling on L1B visa which expires mid April. I will re-enter with visa that's still valid for 4 days (should be fun) while my EAD/AP/AOS etc are all still pending.
As far as i understand from research and this thread only AP might be considered abandoned.

L1B is dual track. You dont need AP. Surprised they even approved it when you have a valid L1 visa.

- - - Updated - - -

I am facing a similar situation.
Is there any follow-up on this?
I am going to use my valid H1B VISA to enter US and having filed I-131 and I-765 with my I-485.
Will my case facing the threat of being abandoned? If so, which one?
I-131 only?
or
I-485, I-765, I-131 all together?
Thanks so much

H1-B is dual track. Nothing is abandoned

[kukumjacka]

Amazing how some people will risk their green cards... but that's just me.

[newacct]

H1-B is dual track. Nothing is abandoned

TSC has been denying AP applications for people who have left the US while it is pending (www. m u r t h y .com/2017/10/30/texas-service-center-still-denying-advance-parole-applications-based-on-overseas-travel/). Though you could just apply for AP again when you get back; it's free anyway.

- - - Updated - - -

Amazing how some people will risk their green cards... but that's just me.

Risk what? It's explicitly written in federal regulations that I-485 is not abandoned by someone who has H1b/H4/L1/L2/K3/K4/V status when they leave the US and re-enter the US with the same type of visa.