Travel internationally while I485 pending

G

gc_app07

Registered Users (C)
I am planning to apply the EB1 and I485 concurrently in the next few weeks. Does applying for I485 restrict me from traveling out of US during December/Jan? Both I and my spouse are on H1B and have valid visas.

Given the time between filing and the trip, we will likely not receive the EAD. If we can travel internationally, do we need any documents other than the standard H1B paperwork?

Thank you for your comments.
 
If you have valid H visas then you should have absolutely no problem traveling. You must be in the US on the day USCIS receives your application, but other than that, you can travel and return to work normally after that. This would not be the case if you were under some other visa status like F or J, but the H visa does have the advantage I just described.
 
Once again, before I answered JK gave a 100% right answer!

Question I have is: Just because you file I-485 does not mean you get EAD. You could file only I-485. Then your H1 visas are still okay as long as they are valid and you travel normally like you would do (forget you even have GC petitions filed). If you are both on valid H1, why apply for EAD?
 
Always apply for EAD and AP. Always. Its free now (included in I-485 fee), and it gives you something to fall back on if your H1B employment is terminated. You should also always carry the AP with you when travel (in addition to H1B documentation). If they give you grief over your H1B, you can use the AP to enter the US.
 
Thanks a lot jk0274, nightsman, nscagony. I want to apply for EAD so that we can change to EAD if circumstances ever warrant so.

How long does it take for the AP to arrive? I hope to have my application filed by Nov 10th and plan to travel mid/late Dec. I don't think a month would be sufficient time for the AP to arrive. Should I then do:
(a) Apply I-140 now and postpone filing I-485 till Jan?, or
(b) Postpone my trip until I receive AP, or
(c) Don't worry and file both in Nov and continue with Dec trip.

Do I even need to apply for AP?

Thanks very much.
 
You might get lucky and get the AP/EAD in time before the trip but even if not its safe to travel on your H1B. The AP/EAD are a fallback.
 
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