Using advance parole and H1B extension

[dimuthu999]

• Current Status:
  1. Filed for i-485 some time back, and the decision is still pending. I received the combo card (EAD/AP).
  2. Currently on H1B and it expires July 2022.
  3. Required to travel internationally for work in April 2022. Plan to use advance parole to reenter as there is not enough time for a visa interview. As far as I know, my status will change from H1B to parolee (DA).
• Questions:
  1. If my employer files the H1B extension before I travel (say in March), and it is approved after I return (say in July), will my status change from parolee (DA) to H1B?
  2. Should I file the H1B extension before or after I travel?
  3. If my i-485 is denied for some reason while in parolee (DA) status WITHOUT a pending H1b extension application, will I be out of status?
  4. If my i-485 is denied for some reason while in parolee (DA) status WITH a pending H1b extension application, can I continue to work for my current employer?

[shiva_82]

• Current Status:
  1. Filed for i-485 some time back, and the decision is still pending. I received the combo card (EAD/AP).
  2. Currently on H1B and it expires July 2022.
  3. Required to travel internationally for work in April 2022. Plan to use advance parole to reenter as there is not enough time for a visa interview. As far as I know, my status will change from H1B to parolee (DA).
• Questions:
  1. If my employer files the H1B extension before I travel (say in March), and it is approved after I return (say in July), will my status change from parolee (DA) to H1B?
  2. Should I file the H1B extension before or after I travel?
  3. If my i-485 is denied for some reason while in parolee (DA) status WITHOUT a pending H1b extension application, will I be out of status?
  4. If my i-485 is denied for some reason while in parolee (DA) status WITH a pending H1b extension application, can I continue to work for my current employer?

See my response below. I am answering these to the best of my knowledge. I am not a lawyer so please consult your attorney before you take any decision.

• Questions:
  1. If my employer files the H1B extension before I travel (say in March), and it is approved after I return (say in July), will my status change from parolee (DA) to H1B? - It does not matter.
  2. Should I file the H1B extension before or after I travel? - Again, it does not matter as long as you plan to re-enter US before your current visa expires. Do ensure your extension is filed before your current visa expires. Also, file your extension when you are in US, not when you are outside the country.
  3. If my i-485 is denied for some reason while in parolee (DA) status WITHOUT a pending H1b extension application, will I be out of status? - Yes, the moment your I-485 is denied, your GC-EAD will be deemed cancelled as well so if you don't have another non-immigrant status to fall back on, you would be deemed out of status.
  4. If my i-485 is denied for some reason while in parolee (DA) status WITH a pending H1b extension application, can I continue to work for my current employer? - Yes, you can based on the pending H-1B extension.

[dimuthu999]

Perfect, thank you