Traveling in midst of 485 filing

[getsaby]

Need some advice on hypothetical questions?

Background

EB2 India with PD 10/19/2009, have EAD/AP since Jun 2012 but has been maintaining H1B.
Spouse filed AOS last week just I485, Spouse H4 extension is still pending with CSC, and H4 expired on 06/22/2020.

Questions

1. Assume, next month primary 485 is approved,

a. What will be derivative status, if 485 receipt still not received and H4 is still pending
b. What will be derivative status, if 485 receipt still not received and H4 is approved
c. What will be the derivative status, if 485 receipt received and H4 approved

2. What if derivative needs to travel to INDIA, on which status will she come back

i. Assume primary 485 is approved, spouse AOS receipt still not received
ii. Assume primary 485 is approved, spouse AOS receipt received

[maverick2010]

Question about I-485 EAD/AP & International Travel:

I'm currently on H1 and planning to travel to India in summer. Can I use I-485 EAD/AP at port of entry while coming back to US and still stay on H1 with the employer after the travel?

Thanks!

[vsivarama]

Question about I-485 EAD/AP & International Travel:

I'm currently on H1 and planning to travel to India in summer. Can I use I-485 EAD/AP at port of entry while coming back to US and still stay on H1 with the employer after the travel?

Thanks!

Seems like that is possible. But it's a bit convoluted/complicated concept. Could be a potential grey area. But it does not seem pretty useful in situation where 485 is denied as it would be construed as out of status.

https://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

[vedu]

Question about I-485 EAD/AP & International Travel:

I'm currently on H1 and planning to travel to India in summer. Can I use I-485 EAD/AP at port of entry while coming back to US and still stay on H1 with the employer after the travel?

Thanks!

This is exactly what I did a few years ago. Went to India, returned on I-485 EAD/AP combo card. Employer didn't know anything about my travel. After returning, I continue to work on H1 just as I used to before the trip. Then when H1B renewal time came, my employer did regular/normal H1B renewal without any issues. After that trip, I have renewed my H1-B a couple of times. During H1-B renewal, when the lawyer asked for I-94, I honestly provided most recent I-94 associated with that trip. No issues at all!

[maverick2010]

Awesome, Thanks Vedu!