Travelling criteria while GC in process

[amey_0309]

Hi

 

I am on H1B & have 3.5 years left out of 6 years. My  GC is being processed, not yet reached USCIS, formalities is being done at employer end.

 

I understand that, once GC application reaches USCIS, there will be restrictions on travelling outside country. However, also believe, GC application will be processed in parallel to H1B authorization, i.e. both applications/cases are independently handled.

 

Hence, I believe, I can travel outside USA, anytime, for any amount of period using my H1B visa status for next 3.5 years, even if my GC application in process, irrespective of any status of GC application.

 

Please correct, if misstated.

 

Any inputs/suggestions will be appreciated!

 

Thanks & Regards

Amey

 

[dele]

When you say your GC (documents) is being processed, are you talking about PERM or AOS (i.e. 485). As far as I'm aware, there is no restriction on travelling while PERM application is being prepared or processed. I traveled internationally both when my PERM was being prepared and after it was submitted. In fact, I went for my H1B stamping while my PERM documents were still being prepared.

[dele]

If you're referring to AOS, then you have to be in the country when it is filed. It is called AOS because you're already in the country on a different immigration status. If you're outside the country, the lawyers have to file a different document for you.