Q: Is it safe to travel abroad with a pending I-130 and I-485 on a valid H-1B and without AP?
Hi, I wanted to ask if it's safe to travel abroad with a pending I-130 and I-485 on a valid H-1B status and without filing the advanced parole.
I also have an approved I140 from my employer with a priority date of March 2015 and waiting for it to become current to file I-485. My H1B stamping on my passport is valid until Feb 2026.
- Would the green card application filed through marriage conflict with the one filed through employer in any way? Will USCIS reject/cancel either one of those considering multiple applications for the same candidate?
- I plan to go abroad next month (Nov 2024). I have a valid H-1B stamp until Feb 2026. Is it safe to travel abroad without filing I-131 advanced parole and return on my H1-B in the US without any impact on my green card process through my marriage and continue my H1-B status?
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A:
Traveling abroad on your valid H-1B with a pending I-130 and I-485 can be possible, but there are a few important things to consider. Since you have a valid H-1B visa stamp until February 2026, you can re-enter the U.S. using your H-1B without needing an approved advance parole (I-131). This means that your travel shouldn’t affect your H-1B status, and you can continue to maintain that status upon your return.
However, traveling without advance parole can complicate your I-485 application. When you leave the U.S. while your I-485 is pending without advance parole, that application is usually considered abandoned unless you re-enter on an H-1B or L visa, which you plan to do. As long as you re-enter on your H-1B, your pending green card application through marriage should not be affected by your travel.
As for the two green card processes, the marriage-based application and the employment-based application won’t conflict with each other. USCIS generally allows multiple applications, but you can only get one green card. They will not cancel or reject one just because both are filed. It's important to be aware of these factors before making your travel decision.
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