Travelling to India before/after filing?

[ucgc]

Hi folks,

I had question related to traveling to India.Actually, my wife and I are planning to visit India.
We are planning to go to India in jan end.I would be back in one month and my wife will be back in march-april.

My RD is 31st march 2003. Right now since DOL is processing cases of March 2003 there is a chance that my LC might get cleared soon. And probably we will be ready to file I-140 and I-485 concurrently.

We are not sure which option to choose.
Option :

I) Proceed with plans of going to India and then do concurrent filing after coming back from India

II) Wait until LC gets approved and do concurrent filing.And then go to India.

Somewhere I have read and heard from others that incase I choose option II
then there is a possibility of Green-Card process getting overridden by entry into USA on H1B /H4 visa. Please let me know if there is a risk if I choose option II.

Please advise.
Thanks

 

[ucgc]

This is my 6th year.The visa expires in July 2005.We will be back by may to apply for 7th year extension.

 

[H1BneedGC]

This is my 6th year.The visa expires in July 2005.We will be back by may to apply for 7th year extension.

You are okay with either of the options. You can come back on H1/H-4 visas. If you take the 2nd option, ensure that you atleast take the receipts of 140 and 485 filing with you. But you can still come back on your H statuses as H-1 visa is a dual intent visa.

 

[ucgc]

You are okay with either of the options. You can come back on H1/H-4 visas. If you take the 2nd option, ensure that you atleast take the receipts of 140 and 485 filing with you. But you can still come back on your H statuses as H-1 visa is a dual intent visa.

Thank you so much for your advice.