Travel outside US while waiting for i-485 Interview

[vamos]

Hello All,

we had an interview at Newark office yesterday. Interviewer asked all the questions and she seemed happy with our answers and believed that marriage is legitimate and genuine. But she asked me about my recent travel to India which I did without having AP. I re-entered using my H1-B visa. She said you can not leave without having AP and it's considered as abandoning the application. She said she'll confirm this with her supervisor and let us know. I did read about the law and she's right (wished i would have looked at it before travelling) but I came back and appear for the interview. We're not abandoning the application.
Did any one have a same case and got approved or anyone in the same boat as us? Any expert wants to shed some light on this.

Thanks,

[rayb]

Your trip outside the U.S. during your Adjustment processing without an Advance Parole is a definite abandonment issue which can result in denial of your Adjustment application. If USCIS proceeds with denial of your Adjutment of Status, you will have to resubmit the entire Adjustment package and pay the $1070 fee over.

--Ray B

Hello All,

we had an interview at Newark office yesterday. Interviewer asked all the questions and she seemed happy with our answers and believed that marriage is legitimate and genuine. But she asked me about my recent travel to India which I did without having AP. I re-entered using my H1-B visa. She said you can not leave without having AP and it's considered as abandoning the application. She said she'll confirm this with her supervisor and let us know. I did read about the law and she's right (wished i would have looked at it before travelling) but I came back and appear for the interview. We're not abandoning the application.
Did any one have a same case and got approved or anyone in the same boat as us? Any expert wants to shed some light on this.

Thanks,

[straylight]

What was the outcome?

Hi,

Wanted to follow-up on the outcome? Was your application denied/abandoned?

Hello All,

we had an interview at Newark office yesterday. Interviewer asked all the questions and she seemed happy with our answers and believed that marriage is legitimate and genuine. But she asked me about my recent travel to India which I did without having AP. I re-entered using my H1-B visa. She said you can not leave without having AP and it's considered as abandoning the application. She said she'll confirm this with her supervisor and let us know. I did read about the law and she's right (wished i would have looked at it before travelling) but I came back and appear for the interview. We're not abandoning the application.
Did any one have a same case and got approved or anyone in the same boat as us? Any expert wants to shed some light on this.

Thanks,

[andregpsantos]

I traveled recently with my family using H1-B while pending I-485.
All 3 EAD/APs had been approved but I only had one card yet.
According to my lawyer because I didn't change my H1-B to EAD with my employer and the H1-B was still valid I could use H1-B for reentry, I was even advised to do so.
I would contact an immigration attorney for advice if you don't have one, likely they can help and clear any issues.

regards and best of luck!

[newacct]

It's perfectly fine to leave while I-485 pending with no AP if you have H-1b / H4 / L1 / L2 status and re-enter with the corresponding visa. I-485 will not be abandoned.