If you use AP to return to US from China, you will no longer be in H-1 status!!
Issues Related to Travel Overseas During I-485 Pending
I. General Rules:
In general, an I-485 applicant who travels overseas during the I-485 pending period must possess a valid advance parole when she leaves the U.S. and must return to the U.S. before the expiration date shown on the advance parole. Otherwise, the I-485 applicant will be considered abandoned her I-485, except those using H-1B visa described below in Section III. The applicant reentered using advance parole will be stamped in her I-94 forms as “Parolee.” Paroled status is valid for the whole period of I-485 pending regardless the expiration date annotated by the immigration officer at the port of entry. Parolee should use employment authorization card to accept employment after reentry unless qualifies for the exception described in Section II.
I-485 applicant is advised to bring her valid passport, advance parole and EAD approval documents for reentering the U.S.
II. Exception for H-1B Holders
During I-485 pending, an H-1B status holder who (1) holds a valid H-1B status before leave the U.S. (2) reenters the U.S. using advance parole, and (3) returns to the same H-1B employer for continuous employment, may work without EAD during her previous approved H-1B period. USCIS instructs that the alien may use his previous approved H-1B approval notice to continue to work for the H-1B employer. The alien may also extend or transfer H-1B in the future.
However, the alien who reentered using advance parole is not in an H-1B status. The alien is still in a “Parolee” status.
Please note, if I-485 is denied before the paroled alien extend or transfer H-1B, the alien may be out of status as the “Parolee” period ends when I-485 is denied. So, it is recommended the alien applies for H-1B extension, if possible, shortly after reenter the U.S. so that the alien will receive a positive H-1B status from the USCIS.
III. Travel Using H-1B Visa During I-485 Pending
If an I-485 applicant holds a valid H-1B status in the U.S., the alien may travel and reenter the U.S. with her H-1B visa, if the alien has a valid H-1B visa or the alien applies and receives an H-1B visa overseas during the trip. Such an alien reentered with an H-1B visa will not be considered abandoned her I-485; she is in valid H-1B status after reentry and can work with her new I- 94 with H-1B annotation. Please note, the alien must possess a valid H-1B status in the U.S. before departure to be qualified for this exception.
The above general and exception rules also apply to L visas.
Issues Related to Travel Overseas During I-485 Pending
I. General Rules:
In general, an I-485 applicant who travels overseas during the I-485 pending period must possess a valid advance parole when she leaves the U.S. and must return to the U.S. before the expiration date shown on the advance parole. Otherwise, the I-485 applicant will be considered abandoned her I-485, except those using H-1B visa described below in Section III. The applicant reentered using advance parole will be stamped in her I-94 forms as “Parolee.” Paroled status is valid for the whole period of I-485 pending regardless the expiration date annotated by the immigration officer at the port of entry. Parolee should use employment authorization card to accept employment after reentry unless qualifies for the exception described in Section II.
I-485 applicant is advised to bring her valid passport, advance parole and EAD approval documents for reentering the U.S.
II. Exception for H-1B Holders
During I-485 pending, an H-1B status holder who (1) holds a valid H-1B status before leave the U.S. (2) reenters the U.S. using advance parole, and (3) returns to the same H-1B employer for continuous employment, may work without EAD during her previous approved H-1B period. USCIS instructs that the alien may use his previous approved H-1B approval notice to continue to work for the H-1B employer. The alien may also extend or transfer H-1B in the future.
However, the alien who reentered using advance parole is not in an H-1B status. The alien is still in a “Parolee” status.
Please note, if I-485 is denied before the paroled alien extend or transfer H-1B, the alien may be out of status as the “Parolee” period ends when I-485 is denied. So, it is recommended the alien applies for H-1B extension, if possible, shortly after reenter the U.S. so that the alien will receive a positive H-1B status from the USCIS.
III. Travel Using H-1B Visa During I-485 Pending
If an I-485 applicant holds a valid H-1B status in the U.S., the alien may travel and reenter the U.S. with her H-1B visa, if the alien has a valid H-1B visa or the alien applies and receives an H-1B visa overseas during the trip. Such an alien reentered with an H-1B visa will not be considered abandoned her I-485; she is in valid H-1B status after reentry and can work with her new I- 94 with H-1B annotation. Please note, the alien must possess a valid H-1B status in the U.S. before departure to be qualified for this exception.
The above general and exception rules also apply to L visas.
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