venkatratna Posted September 21, 2015 Report Share Posted September 21, 2015 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 ? Link to comment
venkatratna Posted September 24, 2015 Author Report Share Posted September 24, 2015 Attorney's & Friends, Please reply to my question. Link to comment
pingpong Posted September 29, 2015 Report Share Posted September 29, 2015 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. Link to comment
JoeF Posted September 29, 2015 Report Share Posted September 29, 2015 As long as you have valid H1 and H4 visas, you are ok. If you don't have valid visas, then you either need AP or get visa stamps, otherwise the I-485 would be considered abandoned. Link to comment
pingpong Posted February 18, 2016 Report Share Posted February 18, 2016 I take my advice back. For future reference please check out the following murthy attorney response on this question http://www.murthy.com/2010/11/19/murthychat-faq-nuances-of-travel-with-advance-parole/ Link to comment
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