Is it ok to travel out of country after filing I-485 and before receiving AP/EAD

[h1b_awaitinggc]

Hello gurus

After filing for I-485 how soon can we travel out of the country? We have a need to travel to our home country for about a month and we have valid H1/H4 visas stamped and valid until Oct 2012.

Is it safe to travel before receiving AP/EAD and return on our existing H1/H4 visas? Does it in anyway cause the USCIS to think that we are abandoning our adjustment of status?

Any info/insight would be helpful.

Thanks!

[Shurap1]

You cannot leave the country before AP is approved.

[Shurap1]

If you plan to return on H1/H4 visas then you don't need to wait for AP approval.

[vamsibm]

Hi,

I am guessing you applied for AP because you are going to start using EAD and dicard your H1?What was the basis of the Advanve paralloe?

You really dont need the Advance parolle to travel out of the country if you are on H1/H4 and have a valid Visa..

So bottom line is you continue to be on H1B/H4 you can go out of the country and come back using the Visa's stamped on your passports.

Also as long as you have a valid I-485 pending,you can travel anytime after that..

I had a pending I-485 since Aug 2007 and i have travelled to India twice since then using AP[i am on EAD not H1].

Good Luck,

Vamsi

[dirtyfellaw]

Per my attorney, you cannot go out of the country when you are awaiting on AP approval. She mentioned this when I did AP renewal.

[h1b_awaitinggc]

Thanks all for the replies.

Just to clarify again I'm currently on h1B and my GC priority date is July 2007(EB2 India) and I have not filed I-485 yet.

So say if my date becomes current in the upcoming quarter, then I will be filing for I-485 (along with EAD/AP) for my wife and myself.

In October of this year we have a need to visit India and plan to be out for a month and return on H1B/H4.

My questions are:

1) Does traveling out soon after filing I-485 make USCIS to think we are abandoning our 485 or is it ok?

2) I dont't really care about Advance Parole (AP) at this point as we still have valid H1B/H4 until Oct 2012. Can I apply for AP at a later point say may be in mid 2012?

3) How soon does the USCIS send fingerprint notice after filing I-485?

Thanks again!

[Attorney_6]

It is ok to travel as H1 or H4 with the I-485 pending w/o the AP.

[h1b_awaitinggc]

Thanks Murthy Law Firm Attorney 6.

After how long does the USCIS send the fingerprint notice? Do they send it by mail or by email? I'm trying to understand and make sure we don't miss the notice if we are out of country during that time.