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H-1B
or L1 Visa Holder Travelling outide the United States with Pending I-485
Application |
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H-1B
or L1 Visa Holder Travelling outide the United States with Pending I-485
Application |
| Hi
William, I am a H-1B visa holder and my Form I-485 application is pending. If I need to travel outide the US, do I have to receive an Advance Parole to get back to US later? Answer, An H-1B visa or L1 visa nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. There are risks and variables to weigh. It is unnecessary to file and get an Advance Parole to re-enter U.S. if the alien applicants have a valid H-1B visa or L1 visa and a pending I-485 application. If an H-1B visa or L1 visa holder uses Advance Parole to enter U.S., their H-1B or L1 status will be canceled. After that, the foreign national would be referred to as a “parolee.” The H-1B or L1 employer allows a “parolee” to continue working in United States. However, they will not get legitimate H-1B status or L1 status until the employer has filed for an extension on their behalf, and has the application accepted by USCIS. However, this requirement is only applicable if the applicant’s visa would not have expired, if the applicant had not departed and returned under advance parole documents. |
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