1

I know merely filing an I-130 can change quite bit of things regarding immigration. Is it safe to travel on an H1-B if you have an approved I-130 and a pending I-485?

1 Answer 1

1

I just called U.S. Customs and Border Protection regarding this question. They informed that,

  • An H1-B is different then any other visa (except an L1 per comments), (perhaps because of Dual Intent), you can enter on an H1-B even if you filed an I-130.
  • Exiting and leaving on an H1-B will not invalidate your I-485 application or cause it be seen as abandoned.

I was pointed to the website for Advance Parole which says,

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

1
  • This is also true for L1 visas as well. H1 and L1 visas are "dual intent".
    – littleadv
    Commented Mar 22, 2023 at 20:11

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.