h1b travel while AOS pending

[SPI]

I got an approved eb1 I 140. I have a travel pending in January first week to India. Is it ok to apply for AOS now or wait till I return back from India travel. TIA

[care_candidate]

You can apply to AOS and travel. If you apply for I-131 with AOS, you I-131 will get rejected but AOS will continue on. Most preferred way IMO is to apply for AOS now, travel and come back and then apply for I-131.

Key is to never delay chance to apply for AOS. You are EB-1, so you are least affected among many applicants but you never know when and how severe the retrogression occurs.