Travel during I485/EAD application processing..

[rfe2011]

HI all..

Can anyone please help with this question.
I got eligible to apply EAD/I-485 as per the October Bulliten changes that were out yesterday.
My question is, Is it needed that me and my wife need to be in US while the EAD/I-485 application process is going on?
or can we travel to India after submitting all the necessacy documentation.?
*** We have valid visa's(H1b and H4) to reenter US, we are not dependent on the Advance parole **
My wife is going to india on Sep 23rd and returning back on Dec 15th , and i am planning to go to India from Nov 14th to Dec 15th.

The only issues that i see is, What happens , if we get a finger print appointment while we are in India?
If we get a RFE, most of the time we just need to submit the documents, we can submit it from anywhere?

I see that i have 3 options, please suggest me what to do.

i) cancel our India trip, untill all the EAD/485 processing gets completed.

ii) apply 485/EAD before i go to India . In the first week of novemeber, as it takes 4-5 weeks for finger printing.
we will comeback in the mean time.
I am planning to complete the medicals/documentation of my wife before she leaves (Sep 23rd)

cons: If uscis changes priority dates, we will be in trouble

ii) apply 485/EAD after coming back from India
cons: If uscis changes priority dates, we will be in trouble

Please let me know if there any other suggestions that anyone have.

Thank you

[MaryH]

If it's not an emergency, you could wait until your case has process completely or you could travel and submit your applications upon your return.

You don't want to fall into the category of abandonment of Applications and be rejected.

Think wisely!!

[rfe2011]

Thank you for you Input Mary..
Yeah..It is not a emergency trip , but need to cancel multiple tickets and change lot of plans.
That's why i was trying to find whether we really need to be in US after submitting the documents.

[pboy1976]

Wife abroad while I-485 is being adjucated

Hi,
I am an Indian national here in the US on a valid H1-B. I am married to a Canadian national who is here with me on an H-4 status. My priority date is current and we both filed our I-485. Due to a family emergency, my wife has to go back to Canada for a few months. Will this mean that she is abandoning her I-485? She will probably not be here when the final stages are being processed. Will her GC be in any jeopardy? Anything I can do to manage this situation. Your advice and help is much appreciated.
Thanks

[MaryH]

If the final stages come and she isn't here, then she would have abandon her case.

[lexlugga]

thanks MaryH

MarryH seems to be helpful. How can u advise me on the step to take, my green card was lost by post office since June 1st, and I reported it to USCIS, which dey requested I should file form i-90 to replace the card, which I did Immediately as USPS couldn't trace my card. So I was requests for Biometric, which I did July, since then, my case has not been Chang. I requested for my case to be expedited, they requested the document from me why my case should be expedited which I submitted all the necessary documents. They told me they are reviewing the case. And till now, no decision has been made. I suppose to travel for dad burial this week, which a postal was also added to the document submitted why my case should be expeditious. More so, I also lost my wallet containing my EAD, my social security card and other license, and even social security requested fir the card before they can replace my social security card. So what do u think I do as this is delaying. This Friday 18, gonna complete 30 days I requested for expeditious, my case remain the same since June.

[MaryH]

Sorry to hear of your loss card and other documents.

I have observed that for a lot of people, the I-90 take some time, but since you have asked to have it expedited, you would have expected a fast route.

I would suggest you make an info pass. In my opinion I don't think you are waiting very long, considering....

Did you make a police report? Go ahead and still get one, in case you are asked.
I believe you will hear something soon though.