Travelling on H1b(unstamped) while I485 is pending

[rfrayer]

I am planning to go to my country on April 4th for my brother's wedding. I submitted my I131 along with my I485 and I765 applications. Their receipt date is November 18th,2018. I am not sure whether AP wil be approved by April 4th or not. But I do have a valid H1b which is unstamped. If I go to my country and get stamped and come, what will be the consequence? Will my I485 and I765 applications be affected in anyway? I have heard that Advance parole will not be valid after I reenter in H1b. I don't care about that for the moment. Please I need your help on making this decision.

[Spaniard88]

I'm going to refer to another post from newacct in which he said that someone on H1b/H4/L1/L2/K3/K4/V status right before leaving the US (the OP has H1b status) can leave the US while I-485 is pending and return on the same type of visa and not abandon their I-485, even if they do not have Advance Parole. This is clearly written in federal regulations in 8 CFR 245.2(a)(4)(ii)(C).
My lawyers however told me not to leave the country until I get the AP. So I don't know what to tell you.

[rfrayer]

Thank you for sending the federal regulations. It does say that it's okay to travel. I will talk to my lawyers about this and see what they think about it. Also, do you think it will be okay if I use my advance parole on combing back here if it get approved when I am back home and my husband send it in mail. I think I am close in getting the combo card(PD Nov 19th, 2018).

Service center: National benefit center for I131, I765
Local field office- Newark, NJ
11/12/18 Mailed package
11/19/18 Receipt date for I131, I765 and I485
12/28/19 Bio appointment
After that All the application status are stuck in case received.

[Enub4]

I think that if you travel without AP you shouldn't re-enter the USA with it.

[rfrayer]

oh is it? I though AP is used only while re-entering USA.

[Enub4]

Sorry, from what I read, you should not travel to other country and return with AP if the date of the AP is later than your travel outside the USA. I guess they don't want people to travel and someone send the AP authorization later.

From what I read, you can travel and re-enter on you H1b. The only issue for me is where you said "I do have a valid H1b which is unstamped", I don't know what it means.

I have a friend that was on F1 status and had a visa, after graduation changed status to other visa and was able to work. If he wanted to travel abroad he needed to get a visa stamped with the current status. Is that the same thing? You are in H1b status but don't have a valid visa to enter the USA?

[rfrayer]

Yup just like your friend's caseI have a valid H1B document from my employer. I just need to go to the us embassy in my country and get visa stamp on it.

[Enub4]

Remember that all what I know is from what I read, I may be wrong about traveling without AP and then return with AP.

I think they expect you to travel either with AP or H1b. I don't know if it is hard to get a visa stamp now that you are AOS. I guess your H1b has dual intent and should not be a problem, other visa types are just for non-immigrant intent and will be denied if there is a pending immigration process (and they would deny the process for traveling without AP).