Question details
Is it safer for an H-1B holder with a pending I-485 and approved Advance Parole (AP) to take one continuous 55-day trip outside the US to care for a family member while working remotely, or break it up into two 20-day trips, given concerns about heightened scrutiny at the border?
ANSWER
FAQ Transcript
Taking two shorter trips is generally less risky. If you have a valid H-1B visa stamped in your passport, it is advised to re-enter using the H-1B visa rather than Advance Parole. If a CBP officer requests the AP document, present the H-1B and state that entry is being requested on H-1B status to avoid abandoning underlying non-immigrant status.