Travlleing outside USA while 485 is pending......................

[shamur]

I-140 approved, Travel while 485 pending, reapplying for visa............

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My wife and I are planning on travelling outside USA. My I140 is approved under NIW and our 485 is still pending for a while. I am on H-1 status currently with my wife on H-4.
1) Will our 485 be affected with our travel outside (will it be abandoning the 485)?

2) I am in H-1 status but I need to get stamping on my passport for reentry. If I have trouble getting the visa, I am taking AP, so that I can use it for reentry, otherwise I plan not to use the GC and remain on H1 until 485 is approved.

3) Using AP to enter us, will be like using my GC and cant be on H1 anymore?

4) will I have trouble getting visa in India, since I have GC approved, do I have to declare I applied for GC. Some say I shouldnt tell, but that doesnt seem the right thing to do. pls advice?

 

[jk0274]

Your post is a little confusing because you talk about "my GC" and "I have GC approved" when in fact your I-485 is still pending, which means you don't have your GC approved. Only your immigrant petition is approved, which is separate.

1- If you are in H status, and you are planning on obtaining new H visas and returning to the US, then your I-485 applications will NOT be deemed abandoned. Separately, if you don't have an H or L visa but you are in possession of a valid Advance Parole document, your application will not be abandoned as long as you return before the AP expires.

2- Okay.

3- Using AP to enter the US is obviously not the same as using a green card. If you use AP to enter, then you will no longer be in H status (and your dependents thus cannot remain in H-4 status). However, you can still work for your H sponsor without an EAD as long as you don't work anywhere else, and as long as your current H-1B document is valid. If you later apply for an H-1B extension, and it's approved, then you will be back in H status again (and will be sent a new I-94 to reflect that).

4- Your GC is not approved or else you wouldn't need a visa. You are probably asking if you will have problems getting a visa since you have an immigrant petition approved - and the answer is no since you are applying for an H visa which is a "dual intent" (immigrant intent allowed) visa. If you were applying for a B, F, or J visa then you definitely would have problems, but not with H.

You must answer all questions on the visa application truthfully. Since you have filed an immigrant petition, you must answer YES to that question, or your application will be fraudulent and the consequences not very good. Again, answering YES would not be a problem for an H visa.