Travel when I-485, EAD(I-765), Advance Parole (I-131) pending and using H1B visa to return


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I am on H1B and my wife is on H4. My wife got her H4 EAD recently.

We both have valid visas i.e. H1B and H4 visas in our passports.

With the recent rule of filing I-485 for EB2 category with priority dates upto 1 July 11, 2011,

I am eligible for filing I-485.

Now, my question, when we file I-485, EAD(I-765), Advance Parole (I-131) in October, when those are in pending status, can we travel to India and come back to US using H1B and H4 visas?
Will there be any problem ?

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IMHO, you should be fine with your EAD. You can leave the country while it is pending. But in case of AP, i guess the rule of thumb says that if you are out of country then your application is considered abandoned. Try to postpone your trip if possible.

 

  Check with an attorney if you have further questions.

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