Similar situation....
Friends, can someone please help me by giving your valuable advice on my 'tough situation of having to travel on an emergency':
Our background: Me & my spouse are Indian nationals living in US on H1 & H4 visas. Our priority date is 12MAY03. Have finished 'LCA' & 'I-140' processing. Have recently applied for our 9th year 'H1/H4 status extension' with receipt dates on 13MAR07. While extension of status is still pending, our priority dates became current now (until end of June07). But in the meanwhile, back in India, my father's health is seriously deteriorating. So, I would like to be prepared for emergency travel anytime from now.
Please let us know what you think is the best way:
File I-485 before June2007 & then travel. My understanding is: Since, our H-visas in passports have expired, we cannot travel immediately after filing I-485, as it is considered 'Abandonment of the application'. So, we have to file EAD/AP along with I-485 & wait for 'Receipt of I-485' (approx.1wk), 'Approval of EAD/AP (Understand that we can expedite them at 'local USCIS through senator's office by providing 'emergency-proof'). Do we also need to wait for finger-printing, which is said to be sent approximately in 1wk-4wks? Heard that it can be rescheduled upto 84days... but, is it possible to do while still abroad?
(OR)
Should we just file I-485 & wait until its 'Receipt Notice' & 'H1/H4 9th year extension approval' & then travel to India. If so, is it possible to get 'H1/H4 visa stamping' at the consulate & re-enter US without any problems. Can we file for EOD/AP after returning back to US?
(OR)
Please advice us the best we can do without having to 'abandon I-485 application' & make an 'Emergency Travel'.
Thank you so much in advance.