AOS issues - travel plans

[GCmissy]

I am planning to file for my GC in EB1 category by end of this year. I am also planning to travel to India around the same time and renew the H1B visa stamp (renewal after first 3 yrs).

1) Is it advisable to file for GC and then leave for India? Or should I file it when I return from India?

2) If I am able to file for GC earlier (say by September) and my I-140 is approved, how would that impact my travel and H1B visa renewal plans?

Gurus, please help.

[pontevecchio]

Both questions make no difference. Talk to a Lawyer.

[rajmehta]

I am planning to file for my GC in EB1 category by end of this year. I am also planning to travel to India around the same time and renew the H1B visa stamp (renewal after first 3 yrs).

1) Is it advisable to file for GC and then leave for India? Or should I file it when I return from India? - recommend to file after you come back

what if you get stuck due to any reason? Since EB1 will move fast and how would you handle if any RFEs are raised ....

2) If I am able to file for GC earlier (say by September) and my I-140 is approved, how would that impact my travel and H1B visa renewal plans?

NO - does not impace any ways as far as you are travelling on H1.

Note: I am not a laywer this is just recommendation. Decisions must be taken after consulting attorny or on your own.

[GCmissy]

Thanks all. Do I need Advance Parole to travel if only I-140 is approved, or is that needed only after I-485 approved?

Note that my current H1B visa stamp is expired, although I have the renewal of I-797.

[pontevecchio]

If you qualify for EB1 that means your credentials are impeccable. Hence it makes no difference. You can come back in H1 status and then apply. You can apply and come back in H1 status. You do have a Lawyer?

[GCmissy]

Thanks pontevecchio. Yes, I have a lawyer.