I applied for adjustment of status (I-485). Is it safe to travel abroad to have an H-1B visa stamp to reenter?

Question

Hi,

I have applied for adjustment of status (I-485). I am under an H-1B visa, but i do not have a visa stamp to travel internationally. I would like to visit my native country, Argentina, and apply for the H-1B visa stamp to re-enter the USA. Is it safe for me to travel internationally and apply for the H-1B stamp in order to re-enter the USA? Is it safe for me to do this considering that my adjustment of status (I-485) is still pending?

Do I run the risk to be denied a visa stamp in Buenos Aires because I applied for a green card (I-485)? Can they deny an H-1B visa stamp on the grounds that I am planning to stay permanently in the USA?

Any help will be appreciated.

Thanks a lot and have a nice day. Damian

Answer 1

File I-131 BEORE leaving the United States.  File it at least 90 days BEFORE you need to leave.

If you leave the USA without getting a permit your I-485 is dead.  It cannot/will not be processed.  You are considered to have abandoned your application.