@ana the i131 may be denied just because of amere fact that the h1b visa is already a duo intent visa so it will always allow you te entry for as long as it is valid

so technically you don’t need the i131 because it is valid for 2yrz and the h1b is valid for 3

I know, but one of the reasons of applying to GC was to move to another job using my EAD while AOS is pending. If I finally move to another job when I receive my EAD I will no longer have H1B and I won't be able to travel without AP.

I think your I-131 will be abandoned but your I-485 and I-765 will still be active as long as you enter the US on a H1 visa

I little late to worried 😬

@Nina MR, thank you so much. Very helpful comment.

You should not have a problem travelling on your H1B while waiting. I just did it. I-131 will be abandoned but you keep your right to travel on the H1B as far as I know.

@Laura thank you. When i131 will be officially abandoned?

@AnaGC I believe as of when you cross the border. I came back on my H1B without an issue.

Ok, thanks for the info. I would like to reaply as soon as it is abandoned. Since my i765 is still pending, hopefully when they finally process my EAD card they do the same with the i131 even it was just re-submitted.

@Ana, Yes your I-131 will be denied upon your return. But you can always file again. What I’m more concerned about is your intent to abandon your H-1B status while your I-485 is still pending. You should speak to your lawyer and get his thoughts. But I certainly will advise to not abandon your H-1B unless you’re absolutely 100% certain that your I-485 will be approved. Otherwise, why not wait a little longer on your current status? Also, you should be able to change job while still on H-1B, right? Just soeak to your lawyer.

I am not sure if I can move to another job (from academia to industry) and still maintain my H1B. If that is the case it will be great, but I think this is unlikely. Taking into account how long are processing times I am not sure I will be able to wait until i485 is approved.

I agree it’s more tricky moving from academia to industry and maintaining H-1B. But I’ll consider a few things before taking the risk to abandon your H-1B and transitioning to pending AOS: 1. Has your I-140 been approved? If yes, you’re in a stronger footing. 2. Did you file under EB1, EB2 or EB3? With EB1, your odds are better and timeline is faster. 3. If you switch to industry, can you have your new employer petition for another H-1B? Always good to have a backup if your responses to #1 and #2 above don’t put you in the best possible position.

EB2, i140 submitted on Feb 1st 2021, hopefully approved soon.

Ok can you at least wait until your I-140 is approved before making a move? Also, what’s your kwayer saying about all these?

I was waiting to actually have my EAD card to start discussing the situation with my lawyer. Not sure how long are taking i140 but I was expecting to have some news soon.

Well you can look up USCIS Processing Times for I-140 at your service center to see where you stand. Also, wasn’t your EAD approved on Dec 2nd per the timeline you shared?🤔

No, it was my husband’s one due to expedite request approved. Mine still pending.

Well then, your plan to wait to have EAD approved before speaking with your lawyer makes sense. Because there’s really not much you can do at this time but just wait.

@Ben Ramy, almost a week that I have crossed the border and my i131 status didn't change. I have anyway refiled i131. Not sure when my original i131 will be officially abandoned. I have asked my lawyer and they believe now my i765 and i131 will be processed separately. I guess they don't have to many examples since it used to take just 3 months in the past. I had to travel bcs a surgery was already scheduled in my home country. I have applied an expedite request for i131 2 months before traveling and it still says submitted. I may need to travel again in the next months for post surgery checking. It means I will need to re-apply again! The GC process is being a nightmare right now.

@Ana, I’m not sure your i-131 status would change immediately. Your travel decision may not come up until they’re about to make a decision on your i-131 case during which they might review your travel history. And since you plan to travel again, I might have advised to hold off on re-applying until you’ve completed all the medical trips. But I definitely hear you on the process being a nightmare. Things have really changed in the past 3 to 4 years. My journey took over 3 years of strenuous waiting and was finally approved this January.