Travelling on Health Issue Pls help

K

kp2000

Registered Users (C)
Hi

I am having some serious health issue and trying to go to india for my treatment for 6 months minimum.I will come back as soon as the treatment is over..

Both myself and wife got EAD+AP..
I am on H1B.My wife on EAD full time.

My company is saying that they can transfer me to India office and once my treatment is done I can come back.They promise that they wont revoke H1B.

1.Is it safe to be transferred to India with H1B?I want to know if worst case if my company revoke my H1 B what is my status on 485?(priority date 2006 nov EB3)..Can I come back n EAD/AP and join in another company ..worst case scenario..

2.Is it necessary if I need to extend my EAD/AP before I go out of USA to india.My EAD/AP expires coming Oct.I am sure that I wont come back before OCt.

Is it better to extend my EAD/AP and then go to india?

Ca anyone please advise?

thanks
kp
 
1.Is it safe to be transferred to India with H1B?I want to know if worst case if my company revoke my H1 B what is my status on 485?(priority date 2006 nov EB3)..Can I come back n EAD/AP and join in another company ..worst case scenario..
Click to expand...
If your company is sending you on official business to India, that's perfectly legal. No issues. Work related travel is bona fide.
If they revoke your H1, it *could* trigger an RFE for your 485.
Also, H1 and 485 are independent of each other. H1 is for present and 485 is for future. So canceling/withdrawing one does NOT affect the other.
As long as they don't withdraw the 485, you're fine. You can come back on your AP, even if they cancel the H1. (You don't use EAD for coming back but for finding employment in the US). If they revoke the 140, that's a problem.
2.Is it necessary if I need to extend my EAD/AP before I go out of USA to india.My EAD/AP expires coming Oct.I am sure that I wont come back before OCt.

Is it better to extend my EAD/AP and then go to india?
Click to expand...
It's better to do it before you leave, for sure, provided you follow the 120 day rule. I believe it means that you can't apply for EAD/AP mroe than 120 days before they expire.
You can't apply for EAD/AP while you're out of the country.
 
If an approved I-140 is revoked after I-485 is pending for more than 180 days, the AOS applicant has a favorable case.
 
Hi Nj_SKM

Hi

THanks for the brief response..My 140 got approved and its been more thatn 8 months since I got EAD.

My HR said that there is no necessary of revoking my H1 as I can always come here on project and she said they wont waste money on applying for a new H1B.

Is there anyway I can confirm on this?
Can I ask my HR to send any email confirmation on this..Will it help if any thing worst happens?

thanks
kp
 
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