Applying EB1 and need to leave the US temporarily for work

[crabpaste1828]

I am currently on the O1A visa and I am in the process of preparing my EB-1 visa.
I plan to submit my application in March with premium processing. My lawyer told me that I have a very good shot at getting approved.

According to **** **** , it appears I should get my approval fairly quickly.
I plan to leave the US for a short business trip to China (1-2 months) sometime in Mid April.

I have the following question:

1. Am I required to have an advanced parole (AP) for my trip to China?
2. Since the AP might take between 30-90 days, does it make sense for me to be in China when I submit my EB1?

Thank you

[scientist2016]

EB1 application (form I140) has nothing to do with whether you are in the US or not. If you however file I485 (Adjustment of Status) concurrently along with your I140, then you will need AP for your travel to China or else your petition would be considered abandoned. So either apply for AP, and leave after getting one OR start the GC application after your return from China OR apply only I140 in March, and file I485 after your return from China.