TxH1B please help!

[sha]

Please help me -
- I-485 is in process, I have to go to India for atleast one year. No AP. H1 petition approved until April 2012.

Option - Can I get H1 stamped and come back on H1 after one year? or my company has to file new H1?
- I can update my friend's address for I-485 processes and can take care of any RFE, in case. Do we really need to change the AOS to CP for that long duration?
- If I change the process to CP and come back on new H1, can I change the job on H1 transffer? I heard that AC21 facility is not valid on CP.
Pls pls help with descriptive response.

[txh1b]

You need to discuss these with your lawyer as these decisions can have consequences.

If I were you, I would go with CP.

[sha]

Thanks txh1b for your response. could you please tell me what could be the safe period to stay out of country?
- can we stay CP from out of country, say after 6 months?
My attorney is not replying properly and saying the same wording what you said "these decisions can have consequences", nothing about, what, how etc..

[txh1b]

Yes. The attorney is right. Having a AOS case means that you intend to remain in the US during the process and can leave temporarily using AP. If you take up a job outside the US, you are kind of abandoning your intent to permanently stay in the US.

There is nothing like a safe period to stay outside. Normal vacations are okay.