Will I lose my H-1B status if I re-enter the U.S. using my Advance Parole travel document while my Adjustment of Status Application is pending?
A. No, you will not lose your H-1B status. Your Advance Parole travel document allows you to re-enter the U.S. while your Adjustment of Status Application is pending without having to apply for a new H-1B visa stamp. We also recommended carrying a copy of your I-485, Adjustment of Status receipt notice with you when you travel. After you reenter on your AP, your underlying H-1B status will remain valid so long as you do not use your EAD to engage in side-work, etc.
A. We are still waiting for USCIS to issue a final rule to clarify this issue. In the mean time, your Advance Parole travel document allows you to re-enter the U.S. while your Adjustment of Status Application is pending, without having to apply for a new H-1B visa stamp. If you enter with the Advance Parole, rather than with the H-1B visa, you will technically no longer be in H-1B status. However, you will be eligible to remain employed by your H-1B sponsor (even without an EAD card) and may apply for extension of H-1B status.
Related Questions
- I am in the midst of adjusting status from an H-1b visa to employer sponsored permanent residence and I need to travel outside the country. Can I do so?
- Will I lose my H-1B status if I re-enter the U.S. using my Advance Parole travel document while my Adjustment of Status Application is pending?
- May an employee in H-1B status with a pending extension travel outside of the U.S.?
