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Can dependent leave US for a month during I-140/I-485 with valid H4 Visa?

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Our family has valid H1/4 Visas, and also in the process to get into I-140 then I-485 application. Can my teenage daughter go on a one-month school exchange program overseas? I know theoretically, it should be okay with valid H4, but will being away affect I-140/I-485 application?  

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H visas do NOT need advance parole. 

 

There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status.

 

https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel

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10 hours ago, TNJ17 said:

No, it’s not ok. She needs to see AOS through. If she leaves, her AOS will be considered abandoned and she will not be allowed to return. 

Not true.

 

6 hours ago, little immigrant said:

Did she also apply for I-131 advance parole? 

Not necessary.

 

All visas are not equal. Dual intent visas (H, L) do not require advance parole to travel after applying for AOS

Edited by SusieQQQ

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5 hours ago, SusieQQQ said:

All visas are not equal. Dual intent visas (H, L) do not require advance parole to travel after applying for AOS

Certain dual-intent visas* :P A K-1/K-2 does, as does O-1.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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