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What is the best to travel while I-485 pending?

13 views 3 answers
Here is my situation: 1. My employer is going to process my GC in EB-1C category. 2. I have H1B extension valid till Oct 2017 but Visa stamp expired 3. I must travel to my home country during Jan - Feb 2016. 4. I am in the processing of the gathering the EB-1C documentation and I-140 and I-485 will be concurrently filed (plus EAD and Advanced Parole). 5. My employer takes some 2 months to process and send the documents to the USCIS and I can estimate that my documentation will reach USCIS sometime in early Sep 2015. What should I do? Because while I will be travelling my I-485 be pending. Should I wait for my EAD/ Advanced Pay role before travelling? Traveling dates are inflexible. To add to complexity what if I-485 gets approved during my travel. Regards, Prajnan Das

Attorney Answers

3
Adan Vega ·
Your employer will need to file the FORM I-140/I-485 as soon as possible in order for you to obtain the advance parole document prior to your departure from the United States in the early part of 2016. If you depart the USA prior to obtaining your advance parole document, the FORM I -485 will be abandoned.
0 upvotes
Tripti Sharma ·
You can use H-1B or Advance Parole to travel back to the U.S. Travel should always be discussed with attorney of record before you make a decision and buy airline tickets. Good luck!
0 upvotes

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