I-140 approved, Travel while 485 pending, reapplying for visa............

[shamur]

My wife and I are planning on travelling outside USA. My I140 is approved under NIW and our 485 is still pending for a while. I am on H-1 status currently with my wife on H-4.
1) Will our 485 be affected with our travel outside (will it be abandoning the 485)?

2) I am in H-1 status but I need to get stamping on my passport for reentry. If I have trouble getting the visa, I am taking AP, so that I can use it for reentry, otherwise I plan not to use the GC and remain on H1 until 485 is approved.

3) Using AP to enter us, will be like using my GC and cant be on H1 anymore?

4) will I have trouble getting visa in India, since I have GC approved, do I have to declare I applied for GC. Some say I shouldnt tell, but that doesnt seem the right thing to do. pls advice?

 

[ginnu]

My wife and I are planning on travelling outside USA. My I140 is approved under NIW and our 485 is still pending for a while. I am on H-1 status currently with my wife on H-4.
1) Will our 485 be affected with our travel outside (will it be abandoning the 485)?
---------------Why the I-485 will be abandoned? Many go out of US after filing I-485.
2) I am in H-1 status but I need to get stamping on my passport for reentry. If I have trouble getting the visa, I am taking AP, so that I can use it for reentry, otherwise I plan not to use the GC and remain on H1 until 485 is approved.
------------- that is ok
3) Using AP to enter us, will be like using my GC and cant be on H1 anymore?
-------------if you use AP and going to work with Same employer you are on H1 status according to MEMO of USCIS. Better to get H1 stamp and enter on H1 status.
4) will I have trouble getting visa in India, since I have GC approved, do I have to declare I applied for GC.
-----------you dont have GC APPROVED your I-485 is PENDING.
Some say I shouldnt tell, but that doesnt seem the right thing to do. pls advice?
---------form DS-156 asks if immigrant petition for you is filed and you need to write YES.

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[jk0274]

if you use AP and going to work with Same employer you are on H1 status according to MEMO of USCIS.

Actually no, in such a situation you are not in H status, but you are allowed to work for your H sponsor without an EAD while your H-1B document remains valid. If you enter using AP, then your immigration status is absolutely not H-1B, it is parolee.

 

[desi2007]

technically whatever you call it, still the same parolee can work on H1b. also he can transfer H1b. AP is used only as an entry document.In case your 485 is denied then you will have to get your H1b stamped again.