H1/I-140 issues

[GCquest2]

Hello,
I need some advice from knowledgable people here.

I am working at a univ. as a post-doc after my graduation few years ago, and last month applied filed my I-140 as an EB-1 case. But I need to go to India now, and am wondering if it is safe to apply for my H1-B visa there. I have not gone out on my H1 after recieving it a couple of years ago, and do not have the H1 stamp.
My last trip was as an F1.

1) My question is, if it is advisable to go to chennai and apply for a visa there at this stage, or is there a better option.

2) I am also thinking of filing my I-485 which I haven't done till now. Is it okay to file it before or after I get back from India. How does it affect my I-140 approval.

3) Meanwhile, I have also convinced my boss to do a LC, so that I can use it as a back up in case I run into troubles with RFE and such with my EB-1. Would doing a I-485 in (2) affect this process at a later date.

All advice on how to approach this issue and my trip would be very much appreciated. I still have about 2.5 years on my H1. Thanks.

 

[ss_guy]

You do not have any other options. either you can apply at Border control Program(cananda) or India.

 

[GCquest2]

I heard since my GC is being processed, going in for a visa, either in border posts or india, is not advisable. Any opinion on how the Advance parole works, and If I should go for it.
thanks

 

[nkm-oct23]

Originally posted by GCquest2
I heard since my GC is being processed, going in for a visa, either in border posts or india, is not advisable. Any opinion on how the Advance parole works, and If I should go for it.
thanks

H1 visas in India can sometime can take upto 1 month or so depending on the workload and security checks.
To apply for advance parole you should first apply for I-485. AP can take 1-3 months depending on your BCIS service center. If you have an urgent need to travel you can also try to get one in person if you have documentation to prove the emergency situation.