H1 Approved Pending I-485 - Travel to India on H1 and Get Married.

[Moh12]

Hello, 

My H1 just got approve last week. My I485 is pending. Some of you might get a question if my H1 just got approved then how come I came so far with with GC process because most of the people file GC after H1. I insisted my employer to file GC while I was on OPT 1 year ago.  My attorney filed I-485 immediately after the PERM and I-140 was approved because I was born in Saudi and My priority date is current. 

My attorney said that I will get my travel and work EAD/ Advance Parole  by December 10th. The moment I get my travel EAD/ Advance Parole  I would like to go to India to get married. However, I have few questions. 

1. will I be considered on H1 visa or on Advance parole. 

1. If i got to India do I have to get my H1 stamped ? (during stamping do i have to tell the officer that i have advance parole?)

2. Can I bring my wife with me on H4?

3. If i bring my wife with me on h4 will I be able to add her to my existing pending I485? -

I was thinking to wait a few more months and get my green card and then to India. This is one of the main reason I want to go to india before my green card gets approved. Once my green card gets approved it will be very difficult to call my wife to US. My friend (green card holder) is trying to bring his wife to US and he struggling very much and it takes about 2 years of process. 

 

[pontevecchio]

1. It depends on whether you will use the H1 visa or AP to come back.

2. Yes, if you want to come back in H1 status. Do you have to answer questions truthfully? Yes.

3. No. If she comes over in H4 status, she can file her own AOS. No adding.

[Moh12]

I want to use H1 to come back. If I use h1 to come back will my AP get cancelled? My attorney is saying that I can travel to India even though I don't have AP with pending I485. 

I heard that we are not supposed to travel on h1 if our I485 is pending and we don't have AP. 

 

[pontevecchio]

AP and H1 are not codependent in any way. You are saying your lawyer gave you the facts and you want to fact check him in a forum? If you return in H1 status, your AP is not affected in any way shape or form. H1 travel is one of the very few ways you can return with a pending AOS and no AP.