I485 Application-H1B Stamping and Travel


gcatlast

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Hello,

My priority date is current and both me and my wife intend to apply for i 485 sometime this month.

My H1B and Visa stamp are valid till end of the year 2012 but my wife's h1b is valid until 2013 but her H1B visa stamp got expired.

She will be part of i 485 application as well with me as primary applicant.

She might need to travel to India some time in Feb 2012 and will come back in 2 weeks time.

So my Questions are

1) In order for her to come back , she has to get her H1B stamped - Is it ok or advisable to get H1B stamped where AOS is pending (I don't have EAD ,AP and i don't believe i will be getting them by the time she returns even if i apply tomorrow)-so the only option for her is H1B Stamping

2)Does both of us have to be in USA at the time of application for i485 and also be in USA during the time of approval of EAD,GC

I was reading some where that when you have EAD AP approved while you are away from USA can cause some problems.

3)What if she goes for stamping and her Visa is delayed say with 221g which may take any no of days to clear and in between that time she gets her AP approved she can use that to come back to USA- Again the AP will be approved while she is away from USA

I know the safest thing is to avoid travel but sometimes you cannot control situations where you need to travel.

I would appreciate if someone share there experience in this regard

Thanks

GCATLAST

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