Is going to India on valid H1-B possible and advisable? (I-140 approved, I485-pending, EAD present)

whatsupsbk

Registered Users (C)
Hi All,

Your advice is greatly needed and appreciated. Can you please answer the following?

I have a valid H1-B and my wife has valid H4. My kid is a US citizen (yet to get an Indian visa for the kid).

1. My I-140 is approved, filed on EB-3
2. I-485 was denied earlier, filed for MTR and it was accepted and now my I-485 is pending, although, my wife's I-485 still says "Denial notice sent", I'm not sure why USCIS did not bring my wife's I-485 also back into pending as I am the primary applicant.
3. My H1-B extension was recently approved and I'm yet to receive the approval notice.
4. I and my wife have a valid EAD card
5. I am on W-2 with my employer, i.e. working on H1-B, not using EAD

Here are my questions:

1. I would like to go to India with my family in May and I would like to know if it is possible to go to India and come back on H1-B.
2. Do I need an Advance Parole to go to India?
3. Will I be questioned about my Green card processing, 485 etc. while re-entering at the port of entry?
4. I and my wife also need to get our H1-B and H4 extension visa stamped if I go to India, correct? If so, will the consulate in India ask any questions about my Green card? Will they jeopardize my H1-B?
5. Apart from Indian visa, what do I need for my kid to go to India and come back without any immigration problems?

Thanks a lot for your advice.
 

mmed

Volunteer Moderator
Here are my questions:

1. I would like to go to India with my family in May and I would like to know if it is possible to go to India and come back on H1-B. Yes you can
2. Do I need an Advance Parole to go to India? No, if you have H
3. Will I be questioned about my Green card processing, 485 etc. while re-entering at the port of entry? You may be questioned on any thing related to your immigration applications including pending GC, but it is unlikely if you entered on H
4. I and my wife also need to get our H1-B and H4 extension visa stamped if I go to India, correct? If so, will the consulate in India ask any questions about my Green card? Will they jeopardize my H1-B? You will be asked and I think you have to mention that in the application for stamp, this has nothing to do by itself to jeoperdize or expedit the visa stamp. To get the stamp itself, it may take one day or be delayed to many months (or even denied "theoritically"). This delay, if happened, has nothing to do with the pending GC application
5. Apart from Indian visa, what do I need for my kid to go to India and come back without any immigration problems? For them to go to India, I have no idea (a lot of Indian out there can answer), to return back, they need US passport, even if expired being USC.

Thanks a lot for your advice.

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