U.S. Immigration Advisor

WILL TRAVELLING ABROAD BEFORE MY ADVANCE PAROLE IS ISSUED CAUSE MY APPLIACTION FOR WORK AUTHORIZATION TO BE DENIED ?

Question: I applied for Work Authorization (EAD) and Advance Parole along with my I-485 application. Will travel before the Parole is approved forfeit just my Parole application or will that also cause the denial of my application for EAD?

The Immigration Advisor - Samar: The answer depends on what immigration status you hold.

If you are not in valid H-1B, H-4 (for spouse or child of H-1B), L-1A, L-1B or L-2 nonimmigrant status when you leave the US, and you do not have a valid H-1B, H-4, L-1A, L-1B or L-2 visa in your passport to use to return to the US, then leaving the US before the Application for Advance Parole (Form I-131) is approved and the Advance Parole document is issued will result in the abandonment and denial of the Form I-485 Application for Adjustment of Status, as well as the applications for Advance Parole (Form I-131) and Work Authorization (EAD) (Form I-765).

If you are in valid H-1B, H-4 (for spouse or child of H-1B), L-1A, L-1B or L-2 nonimmigrant status when you leave the US and you have a valid H-1B, H-4, L-1A, L-1B or L-2 visa to return to the US on and this is an application for an initial Advance Parole, then travel outside the US before Form I-131 is approved and the Advance Parole is issued will result in the Form I-131 application being abandoned and denied, but should not affect your Form I-765 application for EAD.

If you already have a valid Advance Parole document and the pending Form I-131 is an application to extend your current Advance Parole and you will be returning to the US on your current Advance Parole prior to the current expiration date, then traveling abroad while your Form I-131 application is pending should not result in a denial of any of these applications