Q: Can I travel internationally with H1B visa stamp while i130 and i485 are pending?
I currently have an H1B visa stamp that is valid until October 2025. I am getting married in November 2024 but I do have some international plans in March 2025 for a week and a half. Can I travel internationally with my H1B visa stamp? Do I need to file I-131 form? I’ve read online that H1B is dual intent so it shouldn’t impact my ability to reentry the country and no impact on my application, but then some other sites say that you shouldn’t leave the country while forms are pending.
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A:
You can generally travel internationally on an H1B visa while your I-130 and I-485 are pending. The H1B visa allows dual intent, meaning you can have immigration intent and still return to the U.S. without negatively affecting your applications. As long as your H1B visa is valid, you should be able to reenter the U.S. after your trip.
However, it's important to keep in mind that if you leave the U.S. while your I-485 is pending, it may be considered abandoned unless you have filed for and received an approved I-131 (Advance Parole). Without Advance Parole, leaving the country could potentially complicate your situation.
To avoid any issues, you may want to consider filing for Advance Parole (I-131) as an extra precaution. This will allow you to travel freely without risking the abandonment of your I-485 application.
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