H1B holder travelling outside the US

[Fuzzymiss 2]

Hey,

I have a question regarding travelling outside of the US while the AOS is pending. I'm currently on an H1B which doesn't expire until next year. However before then I will be marrying a US citizen and filing for AOS. Can I travel outside of the US on my H1B, which will still be valid or do I have to apply for permission?

thanks

[YuAndDan 153]

Should not be a problem, NO AP needed.

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf