For those interested, I found more official data:
8 CFR 245.2 (a) (4)(ii)(C)
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=095c4f961cfa65f021131289addeb7fa
... The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 sta tus, and, the alien is in possession of a valid H-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for the application for adjustment of status.
Adjustment of Status; Continued Validity of Nonimmigrant Status, Unexpired Employment Authorization, and Travel Authorization for Certain Applicants Maintaining Nonimmigrant H or L Status
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=5d3c635cdb17ef85177c303ab62f425c
SUMMARY: This rulemaking amends and clarifies Immigration and Naturalization Service regulations governing an H-1 and L-1 nonimmigrant's continued nonimmigrant status during the pendency of an application for adjustment of status. This action incorporates into the regulations existing Service policy statements regarding this issue. In addition, this rule eliminates the requirement for those adjustment applicants who maintain valid H-1 and L-1 nonimmigrant status, and their dependent family members, to obtain advance parole prior to traveling outside the United States. Finally, the Service is considering expanding the "dual intent" concept to cover long term nonimmigrants, in E, F, J, and M visa classifications, who are visiting this country as traders, investors, students, scholars, etc.
And the link to Muthy's Web Site (thanks JustWatching!):
http://www.murthy.com/news/n_favint.html
igor_ch said:
Just wondering if anyone had (or heard about) experiences with I-485 abandonment...
My wife entered US in August on H4 while she already had Advance Parole issued to her (in June) and I-485 was pending since May. Is it considered abandonment of I-485? I know it would not be abandonment if she had H1B, but unsure about H4. I-485 is still pending, but I do not know what to expect and what corrective actions to take.
Thanks in advance for any ideas or references. While my lawyer looks into the issue, I wonder if any one of you heard about similar cases. If you know CFR# for this, or other regulations link that would be very helpful.
