Travel while 485 pending


vinodgargg

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Hello Expert, I need an advice. it is very important. I am on h1B. I have I-140 approved in EB2. I am applying for EB2 to EB1 downgrade. my employer is agree for that , and we are filing 485 adjustment, AP and EAD as well. 

my question is related to travel while my 485/EAD and AP is in process. I understand I can not travel on AP- as it is will be in progress.

1. Can I travel on H1B and re-enter on H1B? Wil there be any problem with 485 application , EAD and AP?

2. Can I travel on H1B and re-enter on H4B? As I want to stay for long time in India. and by that time my H1B will be expired. but I can go for H4B stamping, as my wife is on H1B ( and she will be in USA). in this case, what will happen to my 485/EAD and AP?

Can you please help?

 

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18 hours ago, adshah84 said:

H1b and CG process is mutually exclusive. There won't be any effect on your I485. 

Not quite correct.

Generally, if a person with a pending I-485 travels abroad without AP, the I-485 is considered abandoned.

There is a special rule for people who have a valid H1. They can travel AND re-enter with the H1 (or AP) without abandoning the I-485. Entering in another status voids the I-485.

And there is no H4B. The H4 is the dependent visa for H1B, H1B1, H2, H3.

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