I-131 for family based GC

[sushmasharma79]

Hi,
My sister married an American citizen and is filing for I-130, I-485, I-765 and I-131 concurrently. We are confused about Application type on Part 2 for I-131. My sister came here on H1B from India and still is on H1.
What should be application type for her case?

option a is "I am permanent or conditional resident and applying for re-entry permit".

option d is "I am applying for Advance parole to allow me to return to US".

other cases don't apply for her, so not mentioning those. I really appreciate help on this one.

Thanks,
S.

[bkwld]

d.

If she has valid H-1B Visa, she should travel with that instead of Advance Parole.

[sushmasharma79]

We just want to make sure that if she goes to India, she will be able to come back to US. H1B people are getting scrutinized a lot and at this point of time seems a little risky. They deported a lot of H1Bs last month from Newark at the port of Entry. so just trying to be safe.

[bkwld]

While I-485 is pending, if she uses her AP to enter U.S. her status will be changed from H-1B to Parolee.

[sushmasharma79]

so, does that mean she won't be able to work?
I know a lot of people who entered US on AP, but still had their work status as H1B.
another question - she needs to apply for AP, not re-entry permit, right?

Thanks for the help,

S.