Urgent Help

[niceguy94538]

My Case:

- I-485 pending with INS California Center since last 13 months (receipt date March 25th, 2002).

- Approved EAD and Advance Parole.

- H1B expired in December 2002. Filed for an extension in October 2002. Not yet approved.

Questions:

- I would like to travel outside US immediately. The only way I can travel is switching to EAD from H1B. But my colleagues told me not to switch because if I-485 is rejected (while on EAD) I would be forced to leave the country. Is this true?

- Also they told me if I am outside US (while on EAD) and I-485 is approved during that period, INS would reject my petition, because I will be outside the country while I-485 is approved. Is this true?

Any help would be greatly appreciated.

[dvkrao]

Urgent help

Partly it is true. We have seen one case where H-1 is rejected since he was out of the country when it was pending with INS. It is better to avoid foreign travel during the final stage of 485.