Temporary unpaid leave - Impact on AOS

[shmcpl]

Hello:
My AOS petition was filed last year in July, PD is Aug 2006. I have just applied for renewing my EAD and AP [AP expires in Dec of this year and I have H1B approval till 2011] Due to personal reasons, I am planning on a 3 month unpaid leave sometime in Sep of this year. I will return before my current AP expires and most probably have my new AP before that.

Does this plan have any bearing on the AOS and Green card petition? Is there anything I need to make sure?

Thanks
Srihari

[orion]

Recently a poster's application to renew his H visa after an unpaid vacation was rejected due to USCIS considering unpaid vacation time as out of status. S/he finally decided to go back to home country before accumulating out of status period in the US. Search the post for more info.

[txh1b]

If you are on parolee status, you will be better than if you are on H1b. You should be working in the position at any cost at the time of approval of GC or if USCIS sends a RFE about the same.

[shmcpl]

Thanks for the answers. I am currently on the parolee visa and have not activated the H1B visa which I have still 2011. I am also expecting the EAD, AP renewal in the next couple of months.

If I playback what you are saying, the only issue in paroloee visa is to make sure that I get on a full time role so that any responses to RFE or GC approvals can be done. Thats a chance I am willing to take

I have reached out to the lawyer and will post back based on their response.

Srihari

[txh1b]

Hope you did not have out of status period due to approval of the H1b visa as a COS. That could prove to be a costly affair during GC.

[shmcpl]

I went into the parolee status after I got the H1B approval, if thats what you are asking.

If I am missing something, can you please explain your Question further?

[txh1b]

When did you get your H1 approval? What was your prior Status? Was the approval a COS? Was the 485 filed before the H1b date kicked in?