Traveling on H1B while I485 pending

[dmkhrj 2]

I have a pending I130/I485 filed through my spouse, no AP. I also have a pending I140 through work.
I am planning to travel next month using my H1B(I have a stamp valid until 2025). I will carry all necessary docs with me (visa stamp, I797, letter from employer, paystubs, all receipts). As far as I am aware, I should be able to use my H1B to travel because of its dual intent nature- is that correct? 

Is there anything else I should be aware of? Thanks!

Edited November 22, 2023 by dmkhrj

[OldUser 6,476]

As far as I know, you'll be abandoning your I-485 petitions the moment you leave the US without Advance Parole.

 

You can leave and re-enter on H1B, but you'll have to refile your I-485s.

 

Edited November 22, 2023 by OldUser

[dmkhrj 2]

I think this is incorrect. 
read the note in point 3  https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

Edited November 22, 2023 by dmkhrj

[OldUser 6,476]

2 minutes ago, dmkhrj said:

I think this is incorrect. 
read the note in point 3  https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

You're right.

I-485 on H-1B won't be abandoned, but I believe the family based AOS will be deemed abandoned.

Edited November 22, 2023 by OldUser

[dmkhrj 2]

Yeah I think you’re still wrong. 
Unless you can quote me a source, I’ll wait for someone else to chime in. 

[OldUser 6,476]

10 minutes ago, dmkhrj said:

Yeah I think you’re still wrong. 
Unless you can quote me a source, I’ll wait for someone else to chime in. 

 

Quote:

 

"Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application"

 

Source:

https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis

 

Also, quote:

 

"If you depart the U.S. while your Form I-485 is pending without first obtaining advance parole, USCIS will deny your case unless you fit into a narrow exception for people with certain nonimmigrant statuses."

 

Source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents

 

 

Now, I am not a lawyer, but my understanding is, that exception is tied to AOS on basis of employment. I don't think it covers your family based petition.

 

Others can correct me.

Edited November 22, 2023 by OldUser

[dmkhrj 2]

“unless you fit into a narrow exception for people with certain nonimmigrant statuses."

 

yes, that’s literally the H1B visa. Again, what I quoted in the first reply.

 

nowhere in your sources is there a distinction made based on whether it’s based on an underlying I130 or I140. 

[powerpuff 6,604]

Post was removed for telling others not to post which violates the following provision of VJ’s terms of service:

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Edited November 22, 2023 by powerpuff

[powerpuff 6,604]

Non-contributory post removed.

 

Thread closed as OP indicated they do not wish to engage further.