travel outside US during EB1 application

[nitinkum]

Hi,
I am thinking of applying for EB1 ( NIW and Exraordinary ability) with my wife in next 1-2 months. Both of us are on H1-B. My wife has to go to india in april and I have to go in september. If I file my application I-140 and I495 now, would there ne a travel restriction? Also, I have to get my H1-B visa stamped when I go in September.
Thanks

 

[jllag1]

Hi,
I am thinking of applying for EB1 ( NIW and Exraordinary ability) with my wife in next 1-2 months. Both of us are on H1-B. My wife has to go to india in april and I have to go in september. If I file my application I-140 and I495 now, would there ne a travel restriction? Also, I have to get my H1-B visa stamped when I go in September.
Thanks

If I remember the regulations correctly, you need a valid H1 VISA if you do not intend to use AP to enter US. As you don't have a valid visa, I would recommend getting AP. I guess, you can go to your consulate and get H1 visa and use that to reenter, but what if you are unable to get H1 visa? In such cases, its good to have AP.