Travel while I485 is processing

[skumar96]

Hello-
i need urgent help. I have two questions.
My priority date is August 23, 2012

1. The current visa bulletin says final action date is 15 Jan 2010 and the date of filing is 01 Jan 2015. Does that means, i can file I485 now or do i have to wait?

2. Lets say, i file the I485 and i want to go to India in May 2021. My H1B visa expired in Sep 2018 but my current I797 will expire in Sep 2021. Does that mean, i have to go for visa re-stamping at a USA consulate in India for re-entry in the USA?

Please help.

Thanks

[Enub4]

You need to check https://uscis.gov/visabulletininfo to see if you can file using Dates for Filing or Final Action Dates. For October 2020 you can file using Dates for Filing, which can change any month so is better to do it this month if you can.

If you don't have a current H1B then you will need to get a new stamp. If you apply for I-485 and I-131 (AP) and you get it before May 2021, then you don't need to get the new visa stamp and return with the AP document.

This information is from reading and not experience.