140 pending and using AP

C

citrusfrost

Registered Users (C)
does anyone know, if one can travel with AP if I 140 is pending? and what happens if 140 is denied or RFEd while one is away.
Filed 140 RD April 26, 2002
485 adn EAD RD April 9, 2003 received EAD May 27, 2003
AP RD May 29, 2003, AD August 4, 2003
Please advise.
Thank you.
 
I used AP for travelling purpose. I stayed in Nepal for 3 months. My I 140 is still pending.

If you want to travel for a month its fine. Even your I 140 is denied you can re appeal within 1 month.
 
to 140_ when and others...

I talked to the lawyer who did H1B for me a few years ago and she suggested if I go abroad, that I extend my H1B status, so my well being (professional and other) wouldn't be tied 100% to I-140 approval. I don't know if embassy back home will be so willing to extend my H1b knowing that I applied for GC ( well, my husband did) and that i have EAD. But she said that I can always enter on AP even if H1B denied.
But what if while I am away, 140 is denied or RFEd, will they still let me in on AP knowing that?
 
Hi citrusfrost,

I know my question is not related to this thread, but I couldn't notice you mentioning that "But she said that I can always enter on AP even if H1B denied"

Was your lawyer pretty confident that you can always re-enter on AP if your H1B is denied? You wouldn't have any issues at the port of entry if they see that you had applied for H1B and you were denied?

Also on a seperate note, you H1B cannot be denied just on the fact that you have filled for GC since H1B has immigrant intent.
 
Apparently, just this in itself shouldn't present the problem. Although you know you can never be sure with INS ( BCIS). I was thinking that because I already have EAD they may just say at the embassy: use EAD for work or something.
 
Well, I got a response from my lawyer reagrding traveling on AP while 140 is oending and she said that even if they send RFE while I am away, it's OK to enter US on AP since they give 60 days to respond to RFE. I assume I will have to show 485 receipt etc and follow all other necessary procedure.
Hope this helps others and seems like I am heading home soon. 5 years have passed!
 
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