Navigating H-1B Status and Advance Parole Travel during the Marriage-Based Adjustment of Status Process
The H-1B Visa: A Temporary Path for Specialized Talent
The H-1B program allows U.S. employers to bring foreign professionals in specialized fields temporarily to work in the States. These visas are non-immigrant by nature but can serve as a stepping stone for workers aiming to adjust their status to that of a lawful permanent resident or Green Card holder.
Understanding Advance Parole
Advance Parole is a travel document for individuals in the process of adjusting their status to that of permanent residents. This document permits travel abroad for compelling reasons, including educational, employment-related, or humanitarian purposes, without abandoning a pending Green Card application.
The Interplay of H-1B Status and Advance Parole
H-1B visa holders often pursue Green Cards via status adjustment. During this lengthy process, travel needs might arise. While Advance Parole facilitates international travel during this period, H-1B holders must tread carefully to maintain their nonimmigrant status.
Why H-1B Holders Face Unique Considerations
Unlike other nonimmigrant visa holders, H-1B professionals do not require Advance Parole to travel abroad and return while an adjustment application is pending. They can re-enter the U.S. with a valid H-1B visa without jeopardizing their status. However, re-entry on Advance Parole inadvertently transitions them to "parolee" status, suspending their H-1B privileges until an extension or transfer petition is approved.
Maintaining H-1B status during international travel For H-1B visa holders–the key to international travel without impacting status adjustment is simple: keep your H-1B visa active, and travel with it, ensuring continuity with the same sponsoring employer.
The Effect of Advance Parole on Adjustment of Status Applications
H-1B visa holders are not considered to abandon their adjustment of status applications when traveling abroad if they have a valid H-1B visa sticker in their passport with a current employer, rendering Advance Parole unnecessary under standard circumstances. However, if one opts for Advance Parole, ensure it is fully approved and understand the document's terms, whether for a single or multiple trips.
Your Adjustment of Status While You're Abroad Traveling with a valid H-1B visa keeps your adjustment of status application intact, preserving your path to residency without the need for Advance Parole designation.
The Implications of a Denied Adjustment of Status Abroad
An H-1B visa holder using Advance Parole who receives a denial for their adjustment of status application while abroad may lose status upon return, requiring a new extension or transfer to regain H-1B status and subsequently reapply for residency.
Dependents and Advance Parole
H-1B holders' dependents on H-4 visas also lose status upon the H-1B holder's re-entry on Advance Parole. They should secure their own Advance Parole documents for travel. Working H-4 holders with an EAD require Advance Parole to travel without affecting their status.
Crafting a Strategic Approach to Travel
Ultimately, H-1B holders adjusting status must carefully strategize travel to avoid unintended consequences. It's advisable to consult with an immigration lawyer to navigate this complex intersection of H-1B status, Advance Parole, and the pursuit of permanent residency.
Frequently asked questions
Do I need to use my AP and EAD once I've received them?
No, it's not mandatory. You can continue working under your H-1B visa status and travel using a valid H-1B visa. Additionally, obtaining an EAD card or AP document doesn't lead to the termination of your H-1B status.
Can I travel using AP without affecting my H-1B or L status?
Yes, you're free to travel using AP. When re-entering the U.S. with AP, you'll be considered a "parolee," indicated on your I-94 document issued by US Customs. However, while you can still work based on the terms of the H-1B approval notice and extend the status as necessary, you won't revert to H-1B status until an H-1B extension is approved on your behalf.
Can I utilize the EAD for employment? How will it affect my H-1B status?
Absolutely! You can use the EAD for employment purposes. However, this would signify a shift away from your original H-1B status based on your initial approval. Instead, you'll be in an authorized stay period awaiting the final decision on your pending I-485. Using the EAD from your pending green card application for employment might necessitate having AP for international travel.
I recently entered the U.S. using AP. Can I apply for an extension of my H-1B or L status?
Yes, you can pursue an extension for your H-1B status while your I-485 application is pending. Filing for an extension will allow you to revert to your H-1B status.
I have an H-1B visa holder, and am in the process of adjusting my status after marrying my US Citizen partner. I’ve successfully applied for adjustment of status (Form I-485) and have received your Advance Parole (AP) card, granting me permission for international travel while my green card application is pending.
When traveling internationally with your Advance Parole card, ensure you carry the following essential documents:
Passport: Your valid passport is a must-have for international travel.
Advance Parole Document: Take your physical Advance Parole card issued by USCIS. This document serves as authorization for re-entry into the United States while your adjustment of status application is pending.
Marriage Certificate: Bring a certified copy of your marriage certificate as proof of your marital relationship with a US Citizen, which is the basis for your adjustment of status application.
Evidence of your spouse’s US Citizen status.
Valid H-1B Visa and Approval Notice: Although you are applying for adjustment of status, maintaining the necessary H-1B visa documentation is important in case of any unexpected issues.
Travel Itinerary and Contact Information: Keep a copy of your travel itinerary and details of where you'll be staying during your trip. Additionally, maintain contact information for legal counsel or your immigration attorney in case of emergencies or queries.
Any Additional Supporting Documents: Depending on your specific situation or USCIS requests, carry any additional documents related to your green card application or marriage-based adjustment of status.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.