Confusing situation.. Anyone been here ??

[Rita Singh]

My husband and I got i140 approved this Sept . v have booked tickets to go to India from Nov end to Dec end.
1)Can v apply for i485 before leaving for the vacation ? Do v need to have the 485 receipt before v start? (Note: My EAD is also applied alongwith)
2)Also I plan to get my h1 stamped while iam in India (coz it is a change of status h4 - h1). My husband has valid h1 till 10/02.
Will this affect anything at the POE (port of entry) when v return back ?

Thanks in advance for your help
Rita

 

[Canadian]

Not so Confusing

Yes, you can apply for the I-485 before you leave, provided that you are able to return in H-1 or H-4 status. Makes sense to get all the paperwork filed and start that 180 day clock.

 

[sweetie]

No Title

yes, i would file my 485 asap and goto india. you can also apply for
AP along with yr 485 application, by the time you go , you might receive receipt and AP approved.
Then you can decide with the help of yr attorney whether you want to use EAD and AP.
or you can also get stamped in India.
If you don\'t get receipt, ead , ap then you can always go for second option.
so the bottom line is apply for 485 asap.
i will take letter from company, paystubs along with me to be safe for stamping in India because of current economic situations.

 

[henry]

No Title

1.Try to file 485 along with AP ASAP.

2.If you have time and willing to spend some extra. money, go to 3rd country(like Canada) to apply for you H1, In this way. you may feel confident before you leave US for vacation.

good luck