Legal Question in Immigration Law in California
I 485
I am a H-1 visa holder and got a visa from the consulate at my home country. I am still waiting for the INS decision on my I-485 application. I was granted the advance parole. Last year, I returned to the US from Canada with the advance parole instead of my H-1 visa. Now is my H-1 status no longer valid since I used the advance parole to return to the US and consequently, in case if my I-485 get denied by the INS, I need to leave the US immediately?
Asked on 1/31/03, 12:01 pm
1 Answer from Attorneys
Larry L. Doan
Law Office of Larry L. Doan
Re: I 485
No. The H-1B visa has the "dual intent" provision which allows you to have a pending adjustment application and travel on advanced parole, without endangering your H-1B status. People travel on both quite frequently.
Liem Doan, Esq.
Answered on 1/31/03, 1:27 pm