Fremont, CA asked in Immigration Law for California

Q: Travelling with pending i485

Can I travel with pending i485 and pending h1b extention

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can travel with a pending I-485 and a pending H-1B extension, but there are important considerations to keep in mind.

If you leave the U.S. while your I-485 application is pending without obtaining Advance Parole (AP), your I-485 may be considered abandoned. Make sure to apply for and receive AP before you travel. This document allows you to re-enter the U.S. and continue processing your adjustment of status application.

Additionally, traveling while your H-1B extension is pending may carry risks. If you leave before it is approved, you might need to obtain a new H-1B visa stamp at a U.S. consulate to re-enter the U.S. Be sure to consult with an immigration attorney to fully understand your specific situation and the potential impacts on your immigration status.

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