H1-Stamping after I-485

palobuddy

Registered Users (C)
Hi,

I am on H-1 and my company is going to file my labor via perm by end of this month. I am in EB2 category and for my home country it has been always current.

Now question is what would be the process after approval of labor. I guess I would be able to file I-140 and I-485 combined due to current status category. How long would it take to get I-140 and I-485 from CA center??

My problem is that I am from the country(Iran) who gets very tough security for H-1 security clearance so If I go outside for H-1 stamp, I might have to wait for 4-6 months and my company would not wait for me this long. Some body told me that once you get labor and I-140/I-485, I would not need H-1 stamp to come back to US. I am just delaying to visit my home country for that reason.

Could some body please confirm that once I get I-485, I would not need H-1 stamp for reentry.

Thanks alot in advance.
 
When you file I485, you can file at the same time the Advance Parol document, (travel document). You will receive this (about 3-5 months) after filing I485, you use this document for reentry and you do not need H1B anymore. You have to renew AP every year.
 
Thanks Francisa. I would be filing my I 140 and I 485 combined for myself.

Now there is a deliemma. I need to travel before approval of my I 485 to get marry to put my wife's name in Green Card. So If I apply for advance payroll at time of I 485 and as you said that it could take 3-5 months to get that. But if I am waiting for that and my I 485 gets approved before that then I would be in big problem.

So My questions are

Is there any way to get advance payroll via expedited process in 1-4 weeks ?

How long does it take to get approval of I 485.

Can we delay the approval of I 485 for the purpose of marriage.

Thanks a lot in advance.
 
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