Filed I485, if travel on H1B stamp is safe without receipt ?

[sfmars]

I am going to travel outside of US more than one month during this summer.
I am in RoW EB3 category (see my signature) and I485 is not filed yet.

What if in the next visa bulletin EB3 for RoW moves 6 months forward and my PD becomes current, and my attorney files I485 some time in June, I485 receipt did not arrive yet and I have to go ?

This web site says it is possible to travel using valid H1 visa withoit AP but I must have I485 receipt in hands, otherwise it may cause delay in the airport

http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html

I have H1B visa stamp in passport which is valid for the next 2 years and I was planning to use this H1 stamp to enter US.

Yesterday I talked to my friend who ensured me that if I do it, USCIS will consider my green card process as abandoned and I have to start it over, based on the experience of his friends, who had kind of the same situation.

He said that the only safe solution is to apply for AP and wait when it comes, otherwise I have to surrender my current I-94, green card process is related to that I-94 number there would be discrepancy in their records with new I-94 and they would consider that my case is abandoned.

I would really appreciate to know your opinion, if I have to wait and file I485/AP/EAD when I am back from vacation, or file I485 right away and wait for I485 receipt or it is also safe to travel based on H1B stamp even without I485 receipt without risk that green card process is abandoned.

I realize that my question are hypothetical, however I would like to know opinion of other people.

Thanks

 

[eBhola]

I would really appreciate to know your opinion, if I have to wait and file I485/AP/EAD when I am back from vacation, or file I485 right away and wait for I485 receipt or it is also safe to travel based on H1B stamp even without I485 receipt without risk that green card process is abandoned.

I think -- You need to be physically present in US to file for I-485.

 

[sfmars]

I think -- You need to be physically present in US to file for I-485.

thanks eBhola,

I understand that, but i was wondering if it is OK to file I485 when I am physically in US on H1 and leave US soon after filing of I485 (without receipt and AP)

 

[eBhola]

thanks eBhola,

I understand that, but i was wondering if it is OK to file I485 when I am physically in US on H1 and leave US soon after filing of I485 (without receipt and AP)

Filing would mean .. getting the receipts.

Its not singing the documents at Ur attorneys' office and imdly taking the flight out of USA.

The RD is important here .. and there is no way to know in advance what RD will be.
RD -- Received Date

You can fight back, using the post mark date .. but if I were you .. I will wait till I can get the receipts.

 

[Jackolantern]

Don't let the attorney file the 485 while you are outside the US. That would screw up your case big time.

 

[sfmars]

Thanks guys,

that makes sense