⏳ EB-3 I-485 Pending - Canada PD Unknown - Accidental B-1 Re-entry Instead of Advance Parole

⏳ **Case Status: Pending** --- A Canadian national with a pending EB I-485 and valid Advance Parole accidentally re-entered the US on a B-1 visa via Global Entry, creating a potential abandonment issue. CBP has refused to correct the I-94, and the attorney is weighing whether departing and re-entering on AP would preserve the pending I-485. The case involves unauthorized work concerns and whether the B-1 entry constitutes constructive abandonment. A Canadian national with a pending EB I-485 and a valid Advance Parole (AP) document inadvertently re-entered the United States on a B-1 nonimmigrant status through Global Entry, rather than using their AP. CBP issued a B-1 I-94 and has refused to amend or correct the record. Congressional representatives were also unable to intervene. The immigration attorney is now exploring whether the applicant should depart the US and re-enter on the valid AP, hoping that a subsequent lawful parole entry would allow USCIS to continue adjudicating the existing I-485. Key legal questions include: (1) whether the B-1 re-entry is treated as abandonment of the pending I-485 under INA 245(a), (2) whether a subsequent AP-based parole would cure or override the problematic B-1 entry, (3) whether unauthorized employment (under 180 days) qualifies for the INA 245(k) exception, and (4) whether CBP would flag the prior B-1 I-94 when deciding whether to parole the applicant back in on AP. The case is unresolved, and no formal USCIS determination has been issued yet. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1w27uhc/pending_i485_accidentally_returned_on_b1_instead/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*