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H1B to Marriage Based Greencard

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  • H1B to Marriage Based Greencard

    Hi,

    My H1B expires in the end of August and will have to travel to India in May/June.

    Is it recommended to apply for green card i-485 (Spouse is US citizen), get the travel document and travel outside the country or go to India on my H1B and get the stamping?
    How long does the travel document take to arrive?
    Looking for a safer way to do this.

    Thanks in Advance.

  • #2
    You can expect the travel document to take more than 6 months.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      EAD/AP would take at least 5 months to get. Note that if you're filing I-485 and leave the country without AP, you're forfeiting your I-485 and have to start again.
      F-1 OPT, AOS married to USC
      I-485, I-130, I-765, I-131
      NBC
      FO: Minneapolis, MN
      10/21/19 Official Received and Priority Date
      11/5/19 Text NOA cases received
      11/6/19 Checks cashed out
      11/9/19 Received official I-797C NOAs through mail
      11/18/19 Biometrics letter for 11/26
      12/31/19 RFIE email notification
      1/9/20 RFIE response reviewed
      3/5/20 Ready to be scheduled for interview
      4/27/20 EAD/AP card in production
      12/1/20 Interview scheduled
      1/14/21 Interview, card in production

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      • #4
        Originally posted by denithedreamers View Post
        EAD/AP would take at least 5 months to get. Note that if you're filing I-485 and leave the country without AP, you're forfeiting your I-485 and have to start again.
        Not in this case. Someone with H1b/H4/L1/L2 status right before they leave and who returns on the same type of visa does not abandon a pending I-485, even if they do not have AP.

        This is my personal opinion and is not to be construed as legal advice.

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