Skokie, IL asked in Immigration Law for Illinois

Q: Subject: Enter the US on Advanced Parole while h1b extension pending



I'm in the US on a H1B visa and recently received a green card EAD + AP card. My H1B extension is pending. Can I go out of the country and get back using my Advanced Parole card and continue to keep my H1B visa?

Thank you.

Related Topics:
2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: These are more subtle areas of law, regulation, and DHS discretion. You can choose to abandon your “pending H1b extension,” where your adjustment was timely filed and you qualify. There may be other consequences without more information best disclosed in private.

Although the question can, and may, be answered, without the yet unclear details, your attorney should make time to provide an answer to your satisfaction. You should be considerate of the value of attorney’s time.

Otherwise, you should decide whether a second more detailed opinion is worth the cost of an appointment. Good luck!

Kyndra L Mulder
Kyndra L Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: If you are an LPR you no longer need your H status or advance parole. You may need a re entry document if you intend to be outside the USA longer than 6 months.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.