Travel Abroad on Valid H1B Visa After Filing AOS but Before Receiving Advance Parole

[jshading]

I consulted two professional immigration attorneys in person about this question, but got two different answers, so wondering what exactly is the answer.

I'm currently working in the U.S. on H1B visa and plan to apply for green card (AOS) based on marrying a U.S. citizen. I read online that in general if you travel abroad before receiving Advance Parole, your AOS application is considered abandoned, UNLESS you're on an H1B visa. I plan to travel back home (abroad) for important family issues for 2 weeks next year, so sounds like after filing AOS and before receiving AP, I can travel back home no problem using my valid H1B visa (although I have to renew my H1B visa stamp).

Attorney One said this doesn't work, because the travel on H1B visa before receiving Advance Parole has to be a BUSINESS trip if I want to keep my AOS application. While Attorney Two said it's perfectly fine to make a personal trip on H1B in this case.

So who's right? Thanks a lot!

[scientist2016]

There is no rule that it has to be a business trip.

[newacct]

AOS will not be abandoned, but AP will be abandoned, though you can just apply for AP again when you get back (it is free anyway).

[jshading]

Ah thank you so much!!!