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Safety of overseas travel with a pending I-485 and pending AP with an expired H1B vis

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  • Safety of overseas travel with a pending I-485 and pending AP with an expired H1B vis

    Immigration Gurus,

    I am on my 9th year of H1-B with validity till 02/14/2008. My most latest H1B visa in my passport expired back in 2005. My employer's attorney filed for my I-485 and I-140 concurrently (along with Advanced Parole and EAD) 11/15/2006. The I-140 has been approved; but the Advanced Parole is still pending. Is it safe for me to travel out of the US and apply for H1-B visa in a US Embassy in my home country and return to the US with the H1-B approval notice and the H1B I obtained from the Embassy? Wy wife is on an H4 and would be accompanying me. Could there be any problems with obtaining the H1-B visa while overseas because an AP/AOS is pending?

    On a related note, how long is the processing of advanced parole applications taking currently - the VSC website says Aug 31,2006 - has anyone got the approval with a later filing date?

    Please advise.

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