Valid I-94, expired H-1B visa, can use AP for leisure short travel?

[gaia12 9]

Hey guys,

I am new to VJ and have been reading through various forums and it's been of immense help already! Thanks for making this forum a great resource!

One question I had that I couldn't find is regarding Advanced Parole (AP). Here's my situation:

- I am on H-1B status. My H-1B/I-94 status is valid due to my H-1B extension but my H-1B visa is expired.

- Got married recently and wife is a US citizen. I am applying for AOS/I-485, EAD/I-765, I-130 and AP/I-131.

- Can I use the AP to travel out of US or should I renew my H-1B visa to travel? My travel is purely for leisure, not emergency. My wife and I plan to meet our relatives overseas for 2-3 weeks and will be back in US after that.

Does anyone have experience with this?

Thanks!

[kzielu 1,147]

Sure you can use your AP - that's what it's for.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from work visa~

[gaia12 9]

Sure you can use your AP - that's what it's for.

Thanks for confirming, kzielu. What put a doubt in my mind was this note (attached) in section 3. 'Advance Parole Document' of I-131 form instructions. It says non-immigrant visa usually needs to be renewed if expired but then it also mentions that either of that, AP or another re-entry permit can be used to re-enter US. But seems like AP will be sufficient for my re-entry.

Edited November 20, 2014 by gaia12