traveling with AP

**Exo** · 09-09-2009, 02:26 PM

Hiya, my wife has a pending 485 through employment and she still has a valid Advance Parole till this November. She is on a business trip to Europe at the moment and just found out her H1 visa has expired last month.

Will this expired H1 visa be an issue when she comes back to US?

Your immediate answer will be appreciated. Thanks.

**Exo** · 09-09-2009, 02:26 PM

Hiya, my wife has a pending 485 through employment and she still has a valid Advance Parole till this November. She is on a business trip to Europe at the moment and just found out her H1 visa has expired last month.

Will this expired H1 visa be an issue when she comes back to US?

Your immediate answer will be appreciated. Thanks.

**SunDevilUSA** · 09-10-2009, 03:48 AM

Exo: Has your wife's H-1 status expired...or is it only the H-1 visa itself that has expired?

**Mrs. Mani** · 09-10-2009, 06:32 AM

As long as she has Advance Parole, she will be able to re-enter the U.S. Make sure she has it with her.

However, I do suggest that once she returns, she should get back on H-1 Status and maintain until green card is approved.

**federale86** · 09-10-2009, 08:16 AM

Advanced Parole covers her. Remember parole is for those who do not have status. Her H-1B status ended when the I140 and 485 were filed. When she returns from overseas each time she was paroled back in, note the parole stamp on her I-94 Arrival/Departure Record. She no longer received an I-94 with an admission stamp and an H-1B status.

**Mrs. Mani** · 09-10-2009, 08:42 AM

Actually, H-1B remained valid until it expired. H-1B is a dual intent non-immigrant visa category which means you can continue to maintain and extend H-1B status up to and until you get the green card/I-485 is approved.

Also, when she does re-enter, she will get an I-94 card noting that she entered on AP and is pending adjustment. Which is why it is always better to jump back into H-1B if possible just in case there are any problems with I-485.

**Exo** · 09-10-2009, 09:42 AM

Thanks all for good information.
So basically H1 is nothing to do with Advance Parole. AP is only related to I485.

I think that both H-1 status and visa have expired since she has reviewed it twice already. Our lovely Eastern Service Center (Vermont) is so efficient that she still has to wait at least another year for GC. She filed I485 about two years ago.

**unique** · 09-10-2009, 09:51 AM

Although she should not have a problem with re-entry. The AP is not a guarantee of admittance. It should only be used for emergencies, not casual travel.

**Mrs. Mani** · 09-10-2009, 10:32 AM

What was the I-485 based on? Is her priority date current?

I would still advise that once she re-enters the U.S., she should seek to re-start her H-1B. Are you on H4? If you were on H4, your only current status is now "pending adjustment of status."

**federale86** · 09-10-2009, 01:11 PM

Wrong, dual intent has nothing to do with it. Once you are paroled in, you have parole status, not H-1B status.

Her H-1B status is no longer, she has parole status.