I-140 + h1b + i485

[xbrain]

Hi there,
I have H1B visa, and I plan to file I-140 EB2-NIW. If I do not file I-485 and my I-140 is pending, can I travel outside of USA with my H1B ?Thank you.

 

[littleadv]

Hi there,
I have H1B visa, and I plan to file I-140 EB2-NIW. If I do not file I-485 and my I-140 is pending, can I travel outside of USA with my H1B ?Thank you.

Yes you can. Even if you do file I-485 - you still can. As long as the H1B status is valid and the visa is not expired - you can travel.

 

[BigJoe5]

Hi there,
I have H1B visa, and I plan to file I-140 EB2-NIW. If I do not file I-485 and my I-140 is pending, can I travel outside of USA with my H1B ?Thank you.

The H1-B has a "dual intent" so that INA 214(b) does not apply.

Having an I-140 pending is not a problem AND
if and when an I-485 is filed, the H1-B will still be good for travel even if you have advance parole you can use the H1-B AND
if you don't have advance parole, the VALID H1-B will allow travel with a pending I-485.