H1B visa valid, applied for I140,I1485,I131, no app for EAD, but can I travel before AP is granted?

[james2010]

Hi Guys,

I am a European National, who is currently on a valid H1B visa up until 2011. I have applied concurrently for I140, I1485 and I131 (no application for EAD). My priority date is current. It has already been over a month since I applied for I140, I1485 and I131, and I have not heard anything.

Should there be a family emergency and I need to fly to my home country, if I fly out and return before I receive the AP document, would I be considered to have abandoned my Green Card Process? Or would I be covered under my current H1B? I am a little confused.

Thanks,
James

 

[nkm-oct23]

You would be covered under your current H1b. I presume you have a valid H1 visa stamp in your passport.

 

[james2010]

Thanks NKM