Unique situation with Advance Parole and H1-B

[sanketalekar]

Hi All,

My wife and I are in a unique situation regarding her green card application. Here is the background:

1. I am a US Citizen
2. She is on an H1B (Indian Citizen)

We applied for my wife's Green Card (I-485 and I-130) and also Advance Parole (I-131) and Work Permit (I-765) in May.
Her work permit just got approved but advance parole not yet.

Now here is the unique situation: My wife's H1-B was renewed in June. However, it's not stamped and needs to be stamped outside the US as with any H1b renewals.

Additionally, we really need to go to India this December for family reasons. If she doesn't get her Advance Parole before late November, could she travel get her H1B stamped in India and come back without it affecting her GC application?

If I have not been clear happy to clarify, any help is appreciated!!

[newacct]

Hi All,

My wife and I are in a unique situation regarding her green card application. Here is the background:

1. I am a US Citizen
2. She is on an H1B (Indian Citizen)

We applied for my wife's Green Card (I-485 and I-130) and also Advance Parole (I-131) and Work Permit (I-765) in May.
Her work permit just got approved but advance parole not yet.

Now here is the unique situation: My wife's H1-B was renewed in June. However, it's not stamped and needs to be stamped outside the US as with any H1b renewals.

Additionally, we really need to go to India this December for family reasons. If she doesn't get her Advance Parole before late November, could she travel get her H1B stamped in India and come back without it affecting her GC application?

If I have not been clear happy to clarify, any help is appreciated!!

Very likely what she got was a Combo Card, an EAD that is also an Advance Parole. Look on the EAD to see if it says "serves as I-512 advance parole".

If she really doesn't have Advance Parole, yes, since she has H1b status when she leaves, she can get an H1b visa and come back, and it won't affect her I-485.

[seattlefiler2017]

I am applying for an EAD renewal and this is what my lawyers sent ( I am in the same state as you - H1B still valid and in the process of getting a AP renewed)

USCIS has recently indicated they will be changing their adjudication process for Advance Parole Travel Document filings. If the applicant departs the U.S. after filing the Advance Parole application, but before it is approved, USCIS may deny the pending AP application. USCIS will continue to approve the simultaneously filed EAD application separately and your AOS filing will not be impacted. If the AP application is denied due to travel we will need to prepare and submit a new AP application once you have re-entered the U.S. and we receive the denial notice. If you remain in the U.S. during the pendency of the AP application USCIS will continue to issue combo EAD/AP cards.
If you are in valid H-1B or L-1 status, you and your dependent family members (in H4 or L-2 status) may continue to travel internationally and re-enter the U.S. with your valid non-immigrant visa stamps provided you will continue to be employed pursuant to your H-1B or L-1 status when you re-enter the U.S. However, you do run the risk of having the AP denied

So use your discretion and check with an immigration lawyer on this.

Hi All,

My wife and I are in a unique situation regarding her green card application. Here is the background:

1. I am a US Citizen
2. She is on an H1B (Indian Citizen)

We applied for my wife's Green Card (I-485 and I-130) and also Advance Parole (I-131) and Work Permit (I-765) in May.
Her work permit just got approved but advance parole not yet.

Now here is the unique situation: My wife's H1-B was renewed in June. However, it's not stamped and needs to be stamped outside the US as with any H1b renewals.

Additionally, we really need to go to India this December for family reasons. If she doesn't get her Advance Parole before late November, could she travel get her H1B stamped in India and come back without it affecting her GC application?

If I have not been clear happy to clarify, any help is appreciated!!