Round Rock, TX asked in Immigration Law for Texas

Q: Is it okay to travel on H1b when at the same time AP is under renewal process?


I’m going India from May 20 to June 28. My AP is going to expire in mid of Nov and my attorney asked me to apply for renewal 180 days before its expiration date, means I will have to put AP for renewal somewhere in mid of May. I was wondering if traveling on H1b may cause any issues with my pending I485 or AP. Any assistance or advice will be helpful!! Thanks!!


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2 Lawyer Answers
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Yes, it is generally okay to travel on H1B while the Advance Parole (AP) application is under renewal process. However, you should keep in mind that traveling outside of the US while your AP application is pending may be considered as abandoning your application. Therefore, it is recommended that you consult with an experienced immigration attorney before traveling to ensure that your AP application is properly renewed and you can re-enter the US without any issues.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Traveling while your Advance Parole (AP) is under renewal process can potentially impact your pending I-485 application. Here are a few factors to consider:

Valid H-1B visa: If you have a valid H-1B visa stamp in your passport and your H-1B status is still valid, you can travel internationally using your H-1B visa without relying on AP. However, it is crucial to ensure that your H-1B status remains valid throughout your travel period.

AP renewal in progress: If your AP is under renewal, traveling outside the United States may result in the abandonment or denial of your AP application. It is generally recommended to avoid international travel while your AP renewal is pending to avoid potential complications.

Reentry on H-1B: If you travel on your H-1B visa instead of using AP, you will need to present your valid H-1B visa stamp, I-797 approval notice, and other supporting documents for reentry to the United States. Make sure to consult with your immigration attorney and employer to confirm that your H-1B status remains valid and you meet all the requirements for reentry.

Consult your attorney: It is crucial to discuss your specific situation with your immigration attorney. They can provide guidance based on the specifics of your case, advise on the potential risks and implications of traveling, and help determine the best course of action.

Keep in mind that the information provided here is general, and it's essential to consult with an immigration attorney who is familiar with your case and can provide personalized advice based on your specific circumstances. They will be able to provide you with the most accurate guidance regarding your pending I-485 and AP renewal.

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