Travel to India (I140 Approved/I485 Pending/H1B Approved)

[JD_2008]

Hello,

I am seeking some advice regarding my I140/I1485. My H1B got an extension after 6th year and valid till Oct 2015 . My priority date (Nov 2011) and got my I140 approved on Oct 2012.

I am planning to go back to India and might have to stay there for 1 year and plans to come back with the same employer.

1. I read in some of the forums that I am only required to be in US when my priority date (Nov 2011) becomes current . a.What if I cannot come in that duration and there are some delays in coming to US?

b. If I come before my priority date becomes current , will there be any action required from my end?

2. Can I file I-485 later point of time even my priority date becomes current?

3. Will there be any impact on my GC process (invalid/inactive) considering the above mentioned points?

4. Can I request my employer to take some actions to avoid any issues related to it?

It would of great help if you can help me. Please let me know

Thanks,

[tusharvk]

so your 140 is approved and you have a valid h1b for now and missed the boat to file 485.

As long as your employer has a job offer for you, your green card process is untouched.

You can keep an eye on movement of pd; you could be current before or after the expiry of your approved h1b.

In the latter case, your employer has to file h1b extension for you which is not an issue if you have offer and 140 is approved.

you might discuss with a lawyer if you have specific queries.

[Belle]

1. Not true. At all.

2. Why? You have one pending already, based on your header.

3. No. You are allowed to travel outside the US. Get an AP just in case.

4. I have lost your train of thought...

[JD_2008]

so your 140 is approved and you have a valid h1b for now and missed the boat to file 485.

As long as your employer has a job offer for you, your green card process is untouched.

You can keep an eye on movement of pd; you could be current before or after the expiry of your approved h1b.

In the latter case, your employer has to file h1b extension for you which is not an issue if you have offer and 140 is approved.

you might discuss with a lawyer if you have specific queries.

Yes I140 is approved but waiting for PD(Nov 2011) to become current. If I go back to India and come back around 1 year without changing my employer with H1B (already extended) , will there be any impact on GC processing? I will be in India Payroll with the same company.

[Belle]

Yes I140 is approved but waiting for PD(Nov 2011) to become current.

"Travel to India (I140 Approved/I485 Pending/H1B Approved)"

Do you realize that your subject contradicts what your circumstances are? That's really not the best way to ask a question.