Travel while Change of Status is in Process

[bnidel 0]

Hello,

I recently married my wife who is here in the US on an H1B visa. We are now applying for Change of Status, along with a work authorization...etc. She wants to travel outside the US (to go home for Xmas to Spain). I am unsure if I submit the application (I-130, I-485, G-325A) if she can travel during that time. Does she need to get a I-131 travel doc? How long does that take? What is advanced Parole and who is eligible and how long does that take to receive?

Thank you for any help

BN

[Scoutmia 1]

If she travels while AOS is in process she will considered as abandoning the process and may be banned to re enter the country. Just to be safe apply for the I -131.

M.

[bnidel 0]

Scoutmia,

Thank you for the reply. Can she apply for the I-131 for any reason? Simply to visit her mother for Xmas? Ive read its only for emergency personal reasons or business?

Thanks again,

BN

[inlovesalem 17]

It's "cautioned" to only use for emergencies in case you do end up with grumpy customs officer that decides it's not enough to get back in the US..

But you don't need to supply a reason as to why you want it on the form.

[aaron2020 11,651]

When you file to adjust her status, you can concurrently file for AP for free. It usually takes 2-3 months for AP. If she want it faster, then request an expedite AP.

If she leaves the US without AP, then you will have wasted the fee and time to file to adjust her status.

My suggestion is to ask for expedited AP so you can go buy the plane tickets now while seats are available at a reasonable price.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Harpa Timsah 13,258]

Sorry, incorrect info in this thread thus far. H1B is dual intent so your wife can continue to travel, like normal. No AP needed for her.

[jan22 3,056]

Sorry, incorrect info in this thread thus far. H1B is dual intent so your wife can continue to travel, like normal. No AP needed for her.

The H1B will allow her to apply to re-enter the U.S., but it will not keep the adjustment of status (not a change of status -- that would be to change form one non-immigrant visa category to another) active. Without AP, the adjustment application is closed when someone leaves the U.S., regardless of their ability to re-enter the U.S. Two separate things.

[Harpa Timsah 13,258]

The H1B will allow her to apply to re-enter the U.S., but it will not keep the adjustment of status (not a change of status -- that would be to change form one non-immigrant visa category to another) active. Without AP, the adjustment application is closed when someone leaves the U.S., regardless of their ability to re-enter the U.S. Two separate things.

Nope.

It says this clearly in the instructions. Only a person on a non-immigrant visa will formally abandon their AOS application when exiting the country. A person with dual-intent like H1B is safe.

[newacct 688]

Someone with valid H or L status do not abandon their AOS if they leave the U.S.

However, it is still recommended to apply for EAD (with I-765) and Advance Parole (with I-131) concurrently with AOS. They are free to apply for, and are useful "just in case" something unexpected happens to her H1B employment in the meantime. And even after you get EAD/AP, you do not have to use them; but have the option of using them if needed. As an AOS applicant, you do not need any reason at all to get Advance Parole. So basically, you got nothing to lose by applying for them.

[bnidel 0]

Thanks much for all the help.

Posted 29 September 2013 - 06:55 PM

Someone with valid H or L status do not abandon their AOS if they leave the U.S.

However, it is still recommended to apply for EAD (with I-765) and Advance Parole (with I-131) concurrently with AOS. They are free to apply for, and are useful "just in case" something unexpected happens to her H1B employment in the meantime. And even after you get EAD/AP, you do not have to use them; but have the option of using them if needed. As an AOS applicant, you do not need any reason at all to get Advance Parole. So basically, you got nothing to lose by applying for them.

The I-131 form does ask for the date and reason for travel. does this not have to be filled in?

[newacct 688]

The I-131 form does ask for the date and reason for travel. does this not have to be filled in?

You can put "Unknown" for the dates. You do not need any reasons.

[Go-Kart Mozart 0]

Someone with valid H or L status do not abandon their AOS if they leave the U.S.

Confirmed.

However ... you got nothing to lose by applying for them.

Agreed.

[bnidel 0]

Posted 11 October 2013 - 04:10 PM

bnidel, on 11 Oct 2013 - 3:07 PM, said:

The I-131 form does ask for the date and reason for travel. does this not have to be filled in?

You can put "Unknown" for the dates. You do not need any reasons.

But it asks for supporting docs - a reason that you are leaving. should i NOT include that? Dont list a reason? Will it still be accepted?

Her H1B status will be gone as she is leaving her job. so we will have filed for AOS and for her to travel we would need the AP - im just confused as to what reasons are acceptable and when i hear no reason, it brings me back to the USCIS site that specifically asks for supporting doc of a reason.

Thanks for any help

BN

[ramu2012 23]

Posted 11 October 2013 - 04:10 PM

bnidel, on 11 Oct 2013 - 3:07 PM, said:

You can put "Unknown" for the dates. You do not need any reasons.

But it asks for supporting docs - a reason that you are leaving. should i NOT include that? Dont list a reason? Will it still be accepted?

Her H1B status will be gone as she is leaving her job. so we will have filed for AOS and for her to travel we would need the AP - im just confused as to what reasons are acceptable and when i hear no reason, it brings me back to the USCIS site that specifically asks for supporting doc of a reason.

Thanks for any help

BN

I didn't give a reason and I put unknown for the dates and duration of travel. I am on H1B as well and my EAD/AP got approved a few days ago.