#vawa #h1b #advanceparole

[vawa2022 1]

Hello,

 

I applied for vawa and received EAD/AP have a valid h1b that i am currently using. I want to travel and my attorney is recommending to travel on vawa Advance parole and abandon my h1b. He says if i travel on h1b, i will abandon my i485 application but i have a valid status (h1b). I consulted with other attorney and she said since i already have a valid status i should be able to travel on my h1b visa without abandoning my i485 through vawa. I also read on CBP site that I can travel on h1b visa. Anyone in the same situation ? please help

 

 #vawa #h1b #advanceparole

https://www.cbp.gov/travel/us-citizens/advance-parole

[Family 3,461]

It gets complicated, but here is a source that agrees with the 2nd attorney’s position ( am assuming 2nd attorney does employment immigration as opposed only to family immigration) . You can read “I-130” to mean “I-360”….and of course review ur action and this source w attorney u are paying.
https://www.lsuhsc.edu/administration/academic/ois/travel_while_pr_pending.aspx

 

Pending I-485* 

*May be pending with the I-140 or I-130

Leaving the U.S. once an I-485 has been filed is generally considered an abandonment of the application under 8 CFR §245.2(a)(4) and will result in automatic withdrawal of the pending application UNLESS the applicant(s) are currently in H, K or L status OR Advance Parole has been granted to each traveler.

***See below for more on traveling with Advance Parole.***

If

[vawa2022 1]

1 minute ago, Family said:

U.S. once an I-4

Right! thanks! I don't know what to do, its so complicated. 

 

7 minutes ago, Family said:

May be pending with the I-140 or I-130

Leaving the U.S. once an I-485 has been filed is generally considered an abandonment of the app

 

[vawa2022 1]

Right!! I know for the fact that with (approved i140 and pending 485) you can re enter with h1b as opposed to AP. I have seen people do it all the time but I am not sure how it works with vawa based 485/AP. 

[Bajinga 136]

you should enter on H1b and not use AP. I have personally done that while my I-485 and I-130 were in progress, I do not see how the Vawa would even effect anything here. your first attorney probably lacks experience with H1b and employment based cases.

[vawa2022 1]

11 minutes ago, Bajinga said:

you should enter on H1b and not use AP. I have personally done that while my I-485 and I-130 were in progress, I do not see how the Vawa would even effect anything here. your first attorney probably lacks experience with H1b and employment based cases.

Thanks, that would make sense but I don’t know why he keep saying that and I don’t want to do something he is not recommending since vawa is a long process. 

[vawa2022 1]

18 minutes ago, Bajinga said:

you should enter on H1b and not use AP. I have personally done that while my I-485 and I-130 were in progress, I do not see how the Vawa would even effect anything here. your first attorney probably lacks experience with H1b and employment based cases.

Did you had approved AP based on pending 130 when your entered using h1b?

[Family 3,461]

1 hour ago, vawa2022 said:

Thanks, that would make sense but I don’t know why he keep saying that and I don’t want to do something he is not recommending since vawa is a long process. 

130 is the same as I-360 and perhaps ur attorney is just not familiar. So ask him/her to consult colleagues and refer to section of law in above link…as diplomatically as you can! Lol

[Family 3,461]

And of course, I hope you get lots of responses to your post , there is a VAWA thread where many experienced VJ members are superb about chiming in with relevant experience or citations 

[vawa2022 1]

2 minutes ago, Family said:

And of course, I hope you get lots of responses to your post , there is a VAWA thread where many experienced VJ members are superb about chiming in with relevant experience or citations 

Thanks 🙏 I was unable to post on there. My lawyer is very arrogant, so every time you try to contradict him he gets defensive, he is a good vawa lawyer tho. I need to find a diplomatic way of talking to him. Thank you so much for your responses. 

[Terry Howard 1]

9 hours ago, Family said:

It gets complicated, but here is a source that agrees with the 2nd attorney’s position ( am assuming 2nd attorney does employment immigration as opposed only to family immigration) . You can read “I-130” to mean “I-360”….and of course review ur action and this source w attorney u are paying.
https://www.lsuhsc.edu/administration/academic/ois/travel_while_pr_pending.aspx

 

Pending I-485* 

*May be pending with the I-140 or I-130

Leaving the U.S. once an I-485 has been filed is generally considered an abandonment of the application under 8 CFR §245.2(a)(4) and will result in automatic withdrawal of the pending application UNLESS the applicant(s) are currently in H, K or L status OR Advance Parole has been granted to each traveler.

***See below for more on traveling with Advance Parole.***

If

Maybe you should stop stealing my goofy

[arken 4,197]

8 hours ago, vawa2022 said:

I need to find a diplomatic way of talking to him.

It's not like you can travel only after getting your attorney's authorization. 

[Bajinga 136]

13 hours ago, vawa2022 said:

Did you had approved AP based on pending 130 when your entered using h1b?

correct, I had the combo card at the time. 

[TBoneTX 43,014]

23 hours ago, vawa2022 said:

My lawyer is very arrogant

The only profession more generally arrogant is surgeons.

23 hours ago, vawa2022 said:

every time you try to contradict him he gets defensive

Avoid letting the arrogant bully you.  Put him in his place.