Legal Question in Immigration Law in California

Advance parole

I came to states with j1 and changed my status to h1b within the US and still working on my h1-b. After marriying a US citizen I filed i-485 and advance parole on july 3rd. I will need to travel out of the country to visit my mom after her surgeary in august 7th.( I also attached my moms surgeory report to the advance parole file). I was wondering, if I leave the country without advance parole document, could I apply for h1-b visa in my home country? would my i-485 application in US prevents me from getting the H1-b visa?

thank you very much for your help


Asked on 7/16/06, 2:44 am

1 Answer from Attorneys
Jennifer Brill

Re: Advance parole

Just based on the information you provided, it seems that you are able to leave the US and re-enter assuming that you have gotten your H-1B visa in your passport. Note that you should schedule a time slot with your home consulate to get that visa ahead of time, as some consulates take close to 8 weeks to get an appointment, and then you might have to wait a little longer to get your passport with the visa in it. Make sure that you bring all the right documents for the H-1B visa, and make sure that you have gotten a J Visa Waiver or that you have proof that you are "not subject to" the 2 year residency requirement. For further questions, please contact Jennifer Brill, Esq.

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Answered on 7/17/06, 4:08 pm


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