RRindian Posted July 18, 2011 Report Share Posted July 18, 2011 My husbands company will be applying for i140 and i485 soon based on cross chargeability..my question is during the process can i travel to india for a vacation or do i need to stay here...the process is on his name Link to comment
prajarajyam Posted July 19, 2011 Report Share Posted July 19, 2011 For I-140 it is not required to be in US. For I-485 you must be in US. Link to comment
RRindian Posted July 26, 2011 Author Report Share Posted July 26, 2011 But my lawyer says that i can travel out of US though our status on I485 and I140 are pending bc i already have a valid visa of H4 on my passport till april 2013..and i wont even need a advance parole document for travel due to this.. So i am confused please help .. is the above true ? Link to comment
pontevecchio Posted July 26, 2011 Report Share Posted July 26, 2011 If you have a valid H4 visa and your spouse will be in valid H1 status you can come back in H4 status even though you have a pending AOS. Is there any reason why you could not ask the Lawyer this question? Link to comment
RRindian Posted July 27, 2011 Author Report Share Posted July 27, 2011 We are in touch to the lawyer through his company HR Link to comment
Worker11 Posted July 27, 2011 Report Share Posted July 27, 2011 If you file concurrently I-140, I-485, AP, EAD, then ofter your AP (advance parole) is approved and you have received the AP card, you can leave and return to the US and keep your current pending green card application status. Link to comment
pontevecchio Posted July 27, 2011 Report Share Posted July 27, 2011 With or without AP you can come back in H4 status if your spouse will be in H1 status. A person awaiting AOS can return on a H1/H4 visa where applicable and does not need AP. Link to comment
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