Can I go abroad when I485 pending

[joyo]

This question may have been asked by others. My I-140 is pending. I just received RFE last month. Now I am preparing for the respones and the deadline is in April. My boss told me last week that we may have a bussiness trip out of country in May. I am the key person in the project, therefore I have to go for this trip. I have not submitted my I485 yet, but it is ready for sending out. Below is my questions.

1. Can I apply for H1 visa and back to U.S.? I heard you have to stay in US if you've submitted your I485, otherwise your i485 application would be cancelled.

2. Is my H1 visa still valid if I apply AP and use it. Should I use EAD after I use AP?

3. Is my H1 visa still OK if I use AP, then later my I140 is denied.

Thank you for your help.

joyo

 

[ginnu]

This question may have been asked by others.

My I-140 is pending. I just received RFE last month. Now I am preparing for the respones and the deadline is in April.
------ I-140 RFE is to be replied by employer or employer lawyer, it is employer petition
My boss told me last week that we may have a bussiness trip out of country in May. I am the key person in the project, therefore I have to go for this trip.

I have not submitted my I485 yet, but it is ready for sending out. Below is my questions.

1. Can I apply for H1 visa and back to U.S.?
------ for entry to US you need Valid Visa stamp, if your Visa stamp is expired then check with the consulate where you will apply for Visa stamp, if you are going to India then Bombay consulate takes 30 days to get appointment for Visa and Delhi is taking 60 days

I heard you have to stay in US if you've submitted your I485, otherwise your i485 application would be cancelled.
----- you have NOT filed I-485, if you file I-485 BEFORE your departure from US ( it should reach USCIS BEFORE the date you depart US)
one can go out of US after I-485 filing and it is NOTcancelled or abondned but for reentry to US you need valid Visa stamp or your should have AP approved in hand before you go out of US if you want to use AP ( AP can only be applied if I-485 is pending,) you CAN apply AP application with form I-131 with your I-485 and may get AP in 60-90 days and depends on your service center
2. Is my H1 visa still valid if I apply AP and use it. Should I use EAD after I use AP?
------ if you use AP for rentry, H1 is still valid.
3. Is my H1 visa still OK if I use AP, then later my I140 is denied.
----- if I-140 denied then EAD AP I-485 all get denied and you Cant use AP after I-485 gets denied. if you use AP before I-140 or I-485 gets denied then you are on H1 if you have valid H1 and working with the same employer after entry who filed your latest H1
Thank you for your help.

joyo