working overseas while 485 pending?

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coscos

Registered Users (C)
I filed my 485 (EB2) on June 2006 to NSC. Now the status is still "received and pending". I also filed the 485 for my wife at the same time. But she is working for another company under H1B visa.

Recently her company wants to send her to overseas to work for half a year. It is an interesting opportunity and she is tempted to take it.

My question is, will that have any impact on the GC processing? Is there anything we should pay attention to specially?

thank you very much for your suggestions.
 
If you are the main applicant and she's the spouse, it should have no problem. She can come back either on H1-B or AP. The only thing you need to be aware of is that if she uses AP, then she need EAD as well. Because using AP technically makes her H1-B invalid, so she needs EAD to continue working in USA.
 
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snowyday said:
The only thing you need to be aware of is that if she uses AP, then she need EAD as well. Because using AP technically makes her H1-B invalid, so she needs EAD to continue working in USA.
Click to expand...

This isn't true, and hasn't been true since 2000. Read the Cronin Memorandum.
 
This is what my lawyer told me recently because I am facing the same problem. Maybe we are out of dated. If anyone has up-to-date information, he/she is welcome to post here.
 
H1 is like EAD for the specific employer. So, entered with AP you can use H1 to work for the H1-sponsoring employer.
 
If I am the principal and decide to stay overseas the whole year with valid AP and return back immediately before its expiration. Is that OK with my pending I-485? or the travel should be for short intervals?
 
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