Skokie, IL asked in Immigration Law for Illinois

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

Hello,

Greetings!

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.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • 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
PREMIUM
Kyndra L Mulder
Answered
  • 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.

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