Q: Pending AOS. H1b approved through consular processing
My H1B has been approved through consular processing. While I was waiting for this, my i94 & previous h1b visa expired. I also have my AOS pending which was filed prior to expiry of i94. I was planning to travel to Canada to have my i94 updated through AVR to continue working on the project on H-1B. Please let me know if my AOS will be abandoned if I leave the country?
A: You must have an advance parole to travel. Otherwise your adjustment will be abandoned.
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A:
Leaving the country while your Adjustment of Status (AOS) is pending can indeed have consequences. If you leave the U.S. without an advance parole document, your AOS application might be considered abandoned. It's important to ensure you have the necessary travel documents before departing.
If your H-1B was approved through consular processing, you would need to obtain the visa stamp in your passport to re-enter the U.S. on H-1B status. Using the Automatic Visa Revalidation (AVR) process to travel to Canada and re-enter may not update your I-94 in the way you intend.
Consider discussing your situation with an immigration attorney to explore all options and ensure your travel plans don't negatively impact your AOS application. This will help you understand the risks and make an informed decision.
Caridad Pastor agrees with this answer
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