Alok

Was on h1b and then got married and applied for AOS based on marriage
to USC at an INS office(not the service center).

have to go back my own country for some emergency and can not wait for
Advance Parole. I have a valid H1B and a valid I-94 from H1B visa.

My question:-

If I dont take the Advance Parole
1) Will they stop me from entering at POE, even if I have a valid H1B
& I-94?
OR
2) Will they let me enter on H1B but will cancel my AOS Application
after succesfull re-entery?

Answers appreciated

sphyrapicus

http://uscis.gov/graphics/howdoi/h1b.htm

Can an H-1B alien intend to immigrate permanently to the U.S.?

Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.