Clarification on travelling abroad

[atokhi]

Hello,

I have completed the labor certification stage of the Green Card process. The attorney for my employer has told me that they can file applications for I-140 and I-485 simultaneously. I have to travel to India in October and have currently two options:
1. File I-140 and I-485 concurrently now and travel on valid H1 visa and I-485 receipt notices.
2. File I-140 now and file I-485 when I return from India.

I am currently on H-1B status. I have the H-1B approval notice but need to get visa stamps when I go to India. Given this situation, is it advisable to file even I-140 before I get visa stamps? I understand that filing the I-140 petition does not affect myability to travel in any way but I need to make sure whether applies in my situation. Are there any negatives to applying I-140 before applying for H-1B visa stamps?

Also, option# 1 above states that one can travel with valid visa and I-485 receipt notice. Do I have valid 'visa' or just valid 'visa status'?

Thanks

 

[ginnu]

Hello,

I have completed the labor certification stage of the Green Card process. The attorney for my employer has told me that they can file applications for I-140 and I-485 simultaneously.
-----file I-140, I-485, EAD and AP
I have to travel to India in October and have currently two options:
1. File I-140 and I-485 concurrently now and travel on valid H1 visa and I-485 receipt notices.
----- do that if you still have H1Visa stamp in passport to come back
2. File I-140 now and file I-485 when I return from India.
-----File Now I-140 I-485, EAD AP
I am currently on H-1B status. I have the H-1B approval notice but need to get visa stamps when I go to India. Given this situation, is it advisable to file even I-140 before I get visa stamps?
---YES
I understand that filing the I-140 petition does not affect myability to travel in any way but I need to make sure whether applies in my situation. Are there any negatives to applying I-140 before applying for H-1B visa stamps?
---I-140, I-485 can be applied with copy of H1 approval notice NO H1 VISA stamp required
Also, option# 1 above states that one can travel with valid visa and I-485 receipt notice. Do I have valid 'visa' or just valid 'visa status'?
------ you need Valid Visa stamp in passport to renter US, remember at this time many face problems for H1 stamp and H4 Visa stamp in Bombay and Madras consulates in india


*** best optipn for you is to let your employer, lawyer file I-140, I-485 AP and EAD, as you are going out in October if any problem with H1 Visa stamping then you will get your AP approved in hand and can use AP for entry that is why you should file all the above ASAP becase you may get EAD AP approved in 3-4 months and it will be safe for you if you have approved AP in hand before you go out
Thanks

 

[atokhi]

Status update and follow-up questions

Hi,

I just have a couple of follow up questions on the response to my earlier post. First an update on my current situation. As adviced by Ginnue and based on my discussion with others, I have decided to file I-140, I-485, EAD, and AP. I am hoping that it will be filed by July 10. My attorney has told me that it usually takes 90 days for AP to come. I have to leave for India latest by first week of Nov so it should be OK, but one can never be sure. My first preference is to go on AP but if I don't get AP before I leave, the plan B will be to get H1 visa stamp im India (Delhi).

1. If I apply for visa stamps in India, the fact that I would already have filed I-140 and I-485, will it have have any negative consequences? This is in terms of issuance of visa stamps in India and also when adjustment of status is decided by USCIS later?

2. How long does AP typically take? Is it 90 from the receipt of I-485?

Thanks.

 

[pralay]

1. If I apply for visa stamps in India, the fact that I would already have filed I-140 and I-485, will it have have any negative consequences? This is in terms of issuance of visa stamps in India and also when adjustment of status is decided by USCIS later?
No impact on your I485.
2. How long does AP typically take? Is it 90 from the receipt of I-485?
Depends which service center you apply. Some get their AP approvals as early as 2 weeks. Some takes more.