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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 1075
Experience:  Managing Attorney at a Law Firm
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I am currently on an H1- visa that is expiring at the end of

Customer Question

Hello,
I am currently on an H1-B visa that is expiring at the end of September 2017. I am getting married at city hall in NYC next week, and want to understand when my then husband and I need to file the joint AOS petition I-130 and I-485 so I have no difficulty in transitioning from one status to another. I have heard the process takes approx. 8 months, in which case I will go by that and make sure to file by February.
However, I also heard mixed messages re: traveling abroad while the AOS is processing. I will still have my H1-B visa until October 2017, so some sites have mentioned that I can travel in and out of the country on that visa without issue. Others mention the need to file an Advanced Parole while the AOS is processing, no matter your visa status. A friend also mentioned a 90-120 day processing time that she wasn�t able to leave when filling for her residency (also Canadian on a work visa). Can you clarify for my situation? I am having my proper wedding in Canada next July, so want to make sure I can leave the country and return again no issue.
Thank you very much,
Alexandra
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 11 months ago.

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Customer: replied 11 months ago.
Great, no problem!
Expert:  Nisha Jones, Esq. replied 11 months ago.

I'm sorry to hear you've been getting conflicting information. To clarify-- yes, you need to file for Advanced Parole in order to travel once you've filed your adjustment of status. It's just a weird technicality in the immigration laws, but yes, you need to file it, otherwise your application for adjustment of status is viewed as having been abandoned, and you will have to re-start the entire petition process. Not only that, but you could also face being denied re-entry into the US. My recommendation therefore, would be to apply for advance parole, and make sure you've got all the necessary documentation before travelling outside of the country.

I hope that helps and congratulations on your engagement and upcoming marriage! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Customer: replied 11 months ago.
Ok, and how many times can I apply for advanced parole during the processing time? How long in general does it take from filing through to when I can travel again? Just trying to map out when I should submit based on my wedding outside the country.