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Adjustment of Status (I-485)/Consular Processing

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  3. Is it ok for me to travel while my I-485 is pending?

Is it ok for me to travel while my I-485 is pending?

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Post by sbfQuJzhwLj on 02 Jan 2014

I have a couple quick questions regarding I-485 application. Hope that's fine with you.

 

1. I am about to submit my I-485 application very soon. I plan to travel abroad in Oct 2013, while my I-485 application is likely still being processed. My H1b is still valid and I'm employed. Is it ok for me to travel while my I-485 is pending?

 

2. Would you recommend me to apply for advanced parole? And does it affect my travel plan?

 

The travel is for personal, not business.

Post by legalmatrix on 02 Jan 2014

(1) & (2) If you have a valid H-1B visa stamp you can travel and use the visa stamp to reenter the US.  If you do not have a valid visa stamp you can either apply for a new H-1B visa stamp while you are abroad or you can file an I-131 with your I-485 (no additional filing fee) to get an Advance Parole document (AP) which will allow you to reenter the US while your I-485 is pending.  Once USCIS receives your I-131 you will receive the AP in 1-3 months.  You cannot leave the US until after you receive your AP.

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