Travel while NIW in process

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cog

Registered Users (C)
Hello:

I sent my application for NIW last week. Now I may have to go to India in February 2006. My current H1B is expiring on December 31, 2005. I plan to leave after getting my H1B renewed. My questions are:

1) is it okay to travel on my current H1B while NIW (I-140) in processing?

2) would I face any problem getting a new stamp on my passport (H1B renewal) because my I-140 is in process (I remember DS-156 form has an entry for "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?")

Many thanks in advance,
CoG
 
1) Yes, it should be ok

2) You should not have a problem, because H-1B is dual intent. Replying anything other than yes would be lying.
 
Many thanks for your reply.

I'll answer "yes" to "Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?". It also requires the name of the person who filed the petition. I guess, I'll have to enter my Attorney's name. Please let me know if I am wrong.

Also - someone told me that I should avoid filing "adjustment of status (AOS)" until I complete my India visit. Otherwise if I file AOS, I should leave US ONLY after I receive my Advance Parole/EAD.

Regards,
CoG.
 
Your attoney is only your agent, you should enter your name for who filed an immigrant petition for you.
I predict you are from India which means you cannot file your AOS until your priority date comes current which will be a while right now with the current retrogression so I don't think this is an option for you anyway.
I do not anticipate any problems with your H1B stamping; as has already been stated this is a dual-intent category.
 
Dear gopherhound,

Thank you very much for your reply.

Actually I wanted to calrify for my own knowledge sake and for other fellow readers whether travelling on H1B is an opition after filiing AOS or not? Some people say one should not travel until he gets AP/EAD after filing AOS; others say - its okay to travel as long as you have some valid VISA (or going to extend/renew VISA for re-entry to US).

I'd appreciate your expert opinon on this.

Regards,
CoG.
 
You will need to apply for H1 visa in India to come back. Your H1 extention is not a visa. If you have filed I485, then you can apply for AP to travel outside US. As long as you will work for the same employer who filed for your H1, you can still use your approved H1 to work and not need to apply for EAD.
 
Related questions

I might need travel outside US in couple of months while I have both 140 & 485 pending (NIW). My H1B was recently renewed but stamp was expired. I'm pretty sure I need AP. Do I also need stamp? My understanding is, not only I don't need stamp but also it's impossible. I assume it's the same for my wife (H4).
I also heard I don't need EAD if I'm not changing the current H1B job. But, what if I have to change the job after travel? Is it possible to apply for EAD after I came back from travel with AP? Thanks much!
 
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