Is it true that if you are in a H1B status and you were approved the I-40 you cannot travel abroad the U.S.?

I am in the process of obtaining permanent residency through employment my visa expires in early October and soon I will be filing for an extension. Someone told me that as I was already approved the I-140 I cannot travel to my home country so I have to stay here in the United States until I get the green card (forever). Is that true even with an H1B extension?

Answer:
I 140 doesn't allow/prevent you from going in/out of US. You cannot file for AP/131 unless your PD is current and you have filed (or) are filing 485 (GC application). If your visa expires when you are out of the country, you should have a valid extension from USCIS and get your visa stamped again. If your visa is expired and you are in the US with a valid extension you are in status and do not need visa stamp. You will need vis stamp only when you go out and come back.

check out www.immigrationvoice.org
Check with your immigration lawyer.

If you are already approved the I-140, you can travel but you have to file for Advanced Parole so you can be allowed for entry back into the US. However, many just want to stay in the US until the green card comes and not be bothered with any unforseen hassles in getting back into the US.

This is the link to the Advanced Parole form. http://www.uscis.gov/portal/site/uscis/m...

The immigration information post by website user , MyTend.com not guarantee correctness

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