I485 RFE - Need to go out of country

[nchaurdia]

Hi,

My current situation is as follows:

My wife has filed for GC under EB1-C, and me as her dependant. We received approval for her I-140 on 1/18. She received RFE on I-485 on 1/26 (still waiting on the details, but we are assuming that it is for the TDAP vaccine as she is expecting, and due in April). She already received the TDAP vaccine, but this was after the documents were filed, so we are thinking this is the reason for the RFE.

We did not get our EAD/AP documents yet, nor has it been approved yet.

I came to the US on H4, and then switched over to my old H1-B when I found a new job. I still don't have an H1-B stamp on passport, so when I do travel I need to go to the consulate to get the stamping done. Now my question is, when can I travel without putting risk to my GC or my chances of coming back to the US.

I have to travel outside the country before the middle of March for a week or so. What should I do?

Do I travel before responding to the RFE or as soon as she responds to it? Or if I travel, is it going to become an issue?

[nchaurdia]

I do not have my AP yet because 485 is in RFE, I dont think I will get it until it gets out of that status right?

[Attorney_22]

Prior to deciding the best way to proceed, see what the RFE is requesting. Then speak directly with an experienced U.S. immigration attorney to discuss your options.

[Attorney_25]

You also need an attorney to examine the validity of "switching" to an "old H-1B." Not sure what you meant there.