traveling to India next week, Dates become current

A

Akaash

Registered Users (C)
guys:

My(and my wife's) priority date is Oct 2003.

I'm traveling to India for a month long vacation next Friday and yesterday we got the news that the dates are current. Can some expert advise me if it is safe to travel. What are the issues if my 485 gets approved while I'm in India?

Also, my wife is in India already and she is planning to stay there for another 4,5 months. Is it safe to stay there for such a longtime or is it better to come over here? What if she comes using her AP after lets suppose 2,3 months of her I-485 approval.


And one more question is, I was making preparations to apply for AC21 for the latest job change I made, should I go ahead and apply Ac21 or its not needed any more as the dates are current.



Thanks in advance
 
It is better to travel with AP in hand, so when your AOS will be approved, even when you are outside the USA, you can enter the country using AP.

Theoretically there shouldn’t be any problem to stay longer when you are on H visa. I personally lived 9 months outside the USA and when I came back I didn’t face any problem. At POE (Port of Entry) they just asked while your job is here what you were doing outside for so long. Next time I came back after 3 months and they didn’t ask a single question. So if you AOS wont approved then it shouldn’t be a problem. Once AOS is approved I couldn’t find any info how long you can stay aboard. I think it is not specified but just as a correlation with immigration visa, I assumed you shouldn’t stay longer than 6 month after AOS approval. (You are supposed to arrive in USA within six month of getting immigrant visa).

AC21 do not have any relation with current dates. No matter you dates are current or not you have to inform the USCIS if you want to use this.

These are only my understanding of current laws, please take second opinion from a professional too.
 
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