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Implications on I485 with Valid H1b visa, pending i131 and travelling outside

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  • Implications on I485 with Valid H1b visa, pending i131 and travelling outside

    Hello,
    I have a valid H1b visa, 2/4/2021. I will be applying for I130 (marriage based green card) along with i485 on 2/10/2021.
    I was not sure if its going to hurt to apply for i131 or not. I might have a need to travel outside of country within a few months. And my i131 might be pending when I leave the country.
    In that case, I know that my I131 will be denied. But what are the implications on I130 and I485.
    Note: I have valid H1b visa until 8/30/2022. I plan on working for the same employer without problem.

    If my I131 is approved, and I do travel outside, do I have the option to select, on which status do I want to return? Do I use H1b or I131? Are there going to be any issues?
    Furthermore, I do believe that there will be a time, I will have to interview based on I130/I485 at USCIS with my spouse. In events I cannot make it, how reasonable can USCIS be, in order to change my interview date, way advance in time? And will they allow it in the first place?

    I really appreciate all your responses. Thank you very much in advance!

  • #2
    Originally posted by aakash_naik View Post
    Hello,
    I have a valid H1b visa, 2/4/2021. I will be applying for I130 (marriage based green card) along with i485 on 2/10/2021.
    I was not sure if its going to hurt to apply for i131 or not. I might have a need to travel outside of country within a few months. And my i131 might be pending when I leave the country.
    In that case, I know that my I131 will be denied. But what are the implications on I130 and I485.
    Note: I have valid H1b visa until 8/30/2022. I plan on working for the same employer without problem.
    If you maintain H1b status until right before you leave, and you return on H1b visa, there is no effect on your I-485.

    Originally posted by aakash_naik View Post
    If my I131 is approved, and I do travel outside, do I have the option to select, on which status do I want to return? Do I use H1b or I131? Are there going to be any issues?
    Yes, if you have both H1b visa and AP, and you continue to work for your H1b employer, you can choose which one you use to enter. Entering on H1b visa is better as it puts you into a status; entering on AP puts you in no status.

    Originally posted by aakash_naik View Post
    Furthermore, I do believe that there will be a time, I will have to interview based on I130/I485 at USCIS with my spouse. In events I cannot make it, how reasonable can USCIS be, in order to change my interview date, way advance in time? And will they allow it in the first place?
    I think it's possible to re-schedule, but I don't know the details.

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

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