Leaving the US after submitting application to adjust status

[Jackolantern]

Thanks. I have the I-130 together, so I will send that tomorrow.

Good. Pick the closest consulate in Australia on Q22 of the I-130, and hopefully they'll interview you there before June so the H1B issue becomes moot.

Note that even if your H1B extension is approved before June, you don't need to go to the consulate immediately to get a new H1B visa. You can wait it out and see how your I-130 is progressing to the consular interview stage, so you might be able to skip the H1B consular interview and only interview for the GC there.

 

[Jackolantern]

If you don't have an EAD when the H-1B expires, they cannot extend your I-9.

I presume they're planning to file the H1B extension before the existing one expires.

 

[fivebells]

1. Make sure the I-485 application package is delivered to USCIS before you leave the US. That means it should arrive there by this Friday. Otherwise they will deny the I-485 once they realize you were outside the US when they received it.

Does this apply to the I-130, as well? If that arrives while I'm out of the country, will it also lead to complications?

 

[TheRealCanadian]

No. An I-130 doesn't require physical presence in the US.

 

[fivebells]

Thanks.

 

[Jackolantern]

Does this apply to the I-130, as well? If that arrives while I'm out of the country, will it also lead to complications?

No. When the I-130 is filed with consular processing selected, it is normal for the sponsored immigrant to be outside the US at the time.