H1B travel while I-485 is pending..

[funnybunny]

Hello Everyone

I have a pending I-485 and H1B aproved until 2012 but my H1b visa stamp has expired. I plan to travel in December to my home country and try to get a new H1B visa stamped in my passport. Can anyone think of any problems I could face?

I have all the documentation for work such as client letters, W2, all pay slips for the past three years etc.

[kabkaba]

You will need AP so that your 485 is not assumed to be abandoned.
No issues with H1 visa if job, employer, your qualifications are legit.

[pixelator30]

same situation as "funnybunny"

I am in the exact same situation as "funnybunny". H1B status valid until 2012, but no visa stamp, and I-485 pending. I plan to travel to my home country to get the H-1B visa stamp in 3 weeks. I have not received my AP yet, and I will not receive it by the time I leave for my home country.

Am I running into some danger about my I-485 pending application ? I know that travel while I-485 is pending is a bad idea without AP, but since I am in H1B, I should be ok anyway ? Even without AP. Right ?

[funnybunny]

H1B travel while I-485 is pending..

Yes, Leaving the US with an expired H1B visa while AOS is pending means you abandon I-485. That is what it looks like kabkaba is saying. Even though your H1B is valid until 2012.

The explanations is here

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=970596981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD

The following individuals, who have a pending application for adjustment of status, may depart the United States without an advance parole document and without having their adjustment-of-status application considered abandoned:

Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;

[ajitaps123]

Same situation as your

I am in the exact same situation as "funnybunny". H1B status valid until 2012, but no visa stamp, and I-485 pending. I plan to travel to my home country to get the H-1B visa stamp in 3 weeks. I have not received my AP yet, and I will not receive it by the time I leave for my home country.

Am I running into some danger about my I-485 pending application ? I know that travel while I-485 is pending is a bad idea without AP, but since I am in H1B, I should be ok anyway ? Even without AP. Right ?

I am on same situation, please advise what you did? Did you cancel your trip?