Applying for green card through marriage to a US citizen when on H1B visa.

Generally, leaving the country while green card application pending, without advance parole document will result in USCIS considering your application abandoned. For H1B and L visas there is a policy memorandum that allows travel without advance parole. However, before you leave you should consult an attorney in private to get a case specific advice and whether the policy memorandum applies to you, since you are not adjusting status through employment based visa category, but through marriage. I would also recommend to apply for advance parole regardless, because the fee is included in your fee, and also perhaps delay your travel until you get the advance parole document, if at all possible, to avoid any unnecessary problems.

1. Your H-1B will continue to exist after you file the FORM I-485. 2. You should request the advance parole document and file the FORM I-131 since the filing fee is included in the fee for the FORM I-485. 3. You can travel and re-enter the U.S. with the H-1B; however, I strongly recommend that you travel with the advance parole document.