AP / Travel/ I140 Approval ?

[TroySJ]

Hi,

I have a general question, I am waiting for my AP to be ready, however I do not have an approved I140 and it seems that Nebraska is very slow in approving I140's.

My lawyer does nopt recommend travelling with AP with I140 approval,

(Note: I am on H1B bit I can not come back to the States using my Visa)

Can you comment on this, What are the risk factors?

Many thanks

Troy

 

[TroySJ]

Please comment

 

[hopeofgc]

Hi,

I have a general question, I am waiting for my AP to be ready, however I do not have an approved I140 and it seems that Nebraska is very slow in approving I140's.

My lawyer does nopt recommend travelling with AP with I140 approval,

(Note: I am on H1B bit I can not come back to the States using my Visa)

Can you comment on this, What are the risk factors?

Many thanks

Troy

Your question is not clear enough to respond.

Yes, you can travel on AP even though your I-140 is pending. But in case if your I-140 gets rejected then your AP, EAD and I-485 will be denied as well.

 

[TroySJ]

Hi,

Thank you for your response, I will try to explain my question better.

My lawyer told me that it is not recommended to travel on AP unless you have an approved I140,

My question is that, what are the risk factors of leaving the US on AP without I140 approved, I don't know the detail of the problem but I assume that even if they want to reject my I140 they send a Notice to Deny, which gives me enough time to come back to the state.

Note: My status is on H1B, and I am not going to change it to EAD, but I have to come back to the states using AP,

Please comment,

Many thanks

 

[hopeofgc]

Hi,

Thank you for your response, I will try to explain my question better.

My lawyer told me that it is not recommended to travel on AP unless you have an approved I140,

My question is that, what are the risk factors of leaving the US on AP without I140 approved, I don't know the detail of the problem but I assume that even if they want to reject my I140 they send a Notice to Deny, which gives me enough time to come back to the state.

----> That is correct. You should receive RFE and then NOID.

Note: My status is on H1B, and I am not going to change it to EAD, but I have to come back to the states using AP,


Please comment,

Many thanks

'

 

[TroySJ]

Hi,

I am still confused, Finally Can I leave the states with Advance Parol and without I140 approved?

Thanks for the comment

Troy

 

[mmed]

Hi,

I am still confused, Finally Can I leave the states with Advance Parol and without I140 approved?

Thanks for the comment

Troy

The immigration issue AP for anyone to travel with and come back during the validity of this AP. So, if you have AP simply travel and come back. Yes, it is obvious that if the I-140 denied the AP will be automatically cancelled but why you think the I-140 will be denied and suppose your I-140 approved you still have pending I-485 which theoritically could be denied too and by then the AP will be cancelled.