traveling to India after filing I-485 and need to stamp H1B visa

[Mica]

My H1B visa is currently valid till February 3, 2018. However, I do not have a valid visa stamp in my passport. My current visa stamp expired in July 2018. I would like to travel to India in Early December and would have to get my visa stamped. I however qualify for drop box application.

I will also be filing my I-485 by the end of November (i.e. before I travel). The idea is to get my HiB visa stamped India and travel back by the end of December on the H1B visa. Do you think will have any trouble getting my Visa stamped since it is valid only till early Feb.

[care_candidate]

Assuming your first sentence has date of February 3, 2019.

If  you file I-485, there is no issue. However, many applicant file I-131 (Travel document) and I-765 (EAD) with that. When you file I-131 and travel before getting it approved, it basically gets rejected straight. If you are OK with that, there is no problem. You can also apply I-131 separately after completing travel.

To answers your question - There is no technical problem but officer will ask what your plans going to be for short duration and after that.

[Mica]

4 hours ago, care_candidate said:

Assuming your first sentence has date of February 3, 2019.

If  you file I-485, there is no issue. However, many applicant file I-131 (Travel document) and I-765 (EAD) with that. When you file I-131 and travel before getting it approved, it basically gets rejected straight. If you are OK with that, there is no problem. You can also apply I-131 separately after completing travel.

To answers your question - There is no technical problem but officer will ask what your plans going to be for short duration and after that.

Thanks. Yes, I my H1b date is Feb 2019. I am planning to file my I-485 along with my EAD application before leaving for my trip and file for AP once I return.. has anyone else done that? or do both EAD and AP have to be filed together.

[care_candidate]

As a matter of fact EAD and AP come together in single card. If you do them separately, I am guessing they will have separate expiration dates and cause unnecessary confusion. I think it better to apply together. You might want to ask how you can apply EAD and AP together after I-485 and your trip.

I-131 and I-765 are actually free of cost to file. There is no direction connection between the two and I-485. Still you should get that cleared with your attorney just to be sure. Eventually, if you change your employment after receiving EAD and/or travel after receiving AP before appearing for Green card interview (Mostly mandatory in current administration), you have to have explanation for reasoning. That time EAD, AP and Green card will all face scrutiny together, which I think is normal.