So, theoretically, you could stay out of the U. Just be careful about what you might miss while you're away. USCIS will call you in for biometrics fingerprint and photo within a few months after you submit the adjustment application, and for an interview at a local office several weeks after that the exact timing depends on how backed up with other applications it is.
If you miss one of these appointments without asking for a postponement, you could put your entire application at risk. And even postponing such appointments can delay the process by a long time. You'd be wise to check into the processing times at your local USCIS office before you make travel plans. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. Such aliens must be approved for Advance Parole before leaving the United States. A: There are two benefits of advance parole: First, it enables an alien to come back to the U.
However, in this situation, they still need a valid H-1 or L-1 visa to come back to the U. Do I need to apply for Advance Parole? A: No, you need not apply. When you come back to work for your H-1B sponsoring employer, your I is preserved.
If you come back to the US with an Advanced Parole, you are considered to be in parolee status; however, you do not need an EAD to work for your H-1 sponsoring employer. Furthermore you can still apply for an extension of H-1B status or transfer H-1B status to bring you back into H-1B status from parolee status.
Q: I am an H-1B holder, and my I is pending. Do I need to apply for an Advance Parole? A: To safeguard that you can go back to the U. You should bring your Advance Parole with you, but always try to apply for your H-1B visa first. If your H-1B visa application is denied, your Advance Parole will serve as a backup.
Do I lose my H-1B status and become in I pending status? A: If you resume your employment with the same employer for whom you had previously been authorized to work as an H-1 non-immigrant, and do not use your EAD, you are in parolee status. However, if after being paroled by using an Advance Parole document , you work for your current employer with your EAD or change employers with your EAD, you will no longer have a valid H-1B non-immigrant status, even though you can still lawfully stay in the U.
Am I still in L-1 status? Typically, an Advance Parole document allows you to travel for up to a year abroad. If this occurs, you cannot return to the United States without a valid visa or other documentation allowing you re-entry into the United States.
When traveling abroad, you should be mindful of scheduled fingerprinting biometrics and interview appointments. So, it is crucial to determine whether traveling outside of the United States is necessary before leaving. If you need to speak to a lawyer about your particular case, please visit the U. Applying for Advance Parole while waiting for your green card can be complicated, but working with a good immigration attorney can make it easier.
If you are eligible , our free web app will walk you through the process and help you prepare and file your application with the U. At ImmigrationHelp. Neither ImmigrationHelp. By using this website, you do not enter any form of attorney-client relationship with ImmigrationHelp. Your access to the website is subject to our Terms of Service and Privacy Policy.
You can still submit a new DACA application to hold your place in line. Our nonprofit helps you prepare your immigration paperwork for free. Summary The green card application can take a while. What is Advance Parole? Why do I need Advance Parole? Who is eligible for Advance Parole? Who does not need Advance Parole to re-enter the U.
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