Traveling outside the US while 485 is pending

[t65497159]

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!

[newacct]

If you maintain H1b status until right before you leave, and return on an H1b visa, you will not abandon I-485 even if you do not have Advance Parole. Having Advance Parole allows you to have a backup option, but you need to have been granted the Advance Parole before you leave for that to work, and your Advance Parole is not likely to be approved in such a short timeframe. If you leave the US while your Advance Parole is pending, you Advance Parole application will be automatically abandoned, though you can just apply for it again when you get back. Since Advance Parole is free for I-485 applicants, there is no downside to applying for it even if you are not likely to use it or will likely abandon the application.

[bekean23]

When you file Form I-485 (Application to Register Permanent Residence or Adjust Status), you can concurrently file Form I-131 (Application for Travel Document), which includes applying for Advance Parole (AP). Advance Parole allows you to travel internationally and return to the United States while your I-485 application is pending. fnf heardle

Obtaining an H-1B visa from a foreign country and re-entering the U.S. using that visa is an option, but it's important to note that traveling internationally while an I-485 application is pending can impact your adjustment of status process. Re-entering the U.S. on an H-1B visa would require you to continue maintaining H-1B status and may affect the processing of your I-485 application.

[NellyAurora]

When you possess Advance Parole, it provides you with an alternative plan.