I am currently on H‑1B status and typically use Advance Parole (AP) for international travel. My current H‑1B is valid until June 15, and my extension is in process. However, I recently received a Request for Evidence (RFE) on May 22, and my employer is preparing a response.
I have an upcoming international trip starting June 17 for approximately two weeks due to my parent’s heart surgery. My attorneys plan to respond to the RFE within the next 7–10 days, targeting a submission by June 4. However, this likely will not allow enough time for USCIS to adjudicate the petition before my departure, even with premium processing.
I want to avoid a situation where my H‑1B extension is approved for consular processing instead of as a change/extension of status. Given this, I have a few concerns:
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Can I travel internationally and re-enter the U.S. using Advance Parole without negatively affecting my pending H‑1B extension?
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Would it be advisable to delay the RFE response until after I return to the U.S.?
I do have a valid EAD and AP, but my employer prefers that I maintain H‑1B status, consistent with guidance from our attorneys.
At this point, my options seem to be either canceling my trip or asking my attorneys to submit the RFE response after I return using AP. Given my parent’s medical situation, I would strongly prefer to travel and be with my family during this time.
I would appreciate any guidance on whether traveling on Advance Parole under these circumstances could impact my H‑1B extension.
Thank you.