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Anyone travelled while I-140 pending
- Thread starter imli
- Start date
I am wondering if anyone in this forum have travelled while the I-140 application was pending. Please let me know. I would like to have some advice!
Yes, I did travel abroad while my I-140 EB1-OR was pending. I had a valid H1 visa but had to get a stamping before i returned to USA. Stamping was not a problem for H1 with a pending I-140 as H1 is a dual intent visa.
You can travel abroad with a pending I-140 IF you have a valid H1 or any other dual intent visa.
Hi bhakum/others,
I am currently on H-1B and I am planning on filing for EB1-OR and EB2-NIW sometime early next year. Further, I will be traveling to India in May-June, and will have to get my H-1 stamped in India at that time. Since you have been in this situation before, could you please let me know if you had any questions at your visa interview regarding the GC petition.
Most people I have consulted have had the employer sponsor their GC petition. So even if a question arises during visa interview, one can answer that "the employer has filed a petition". If a question comes up during the H-1 interview, how should we answer in this case where we apply for GC on our own? For example, if we get a question like "Who filed the GC petition?", (and I might answer "myself") which may (I am speculating here) lead to followup questions like "Why do you want to immigrate?" etc.
Since I will be filing on my own, I am just worried on how to answer if such questions come up during the H-1 interview. Any guidance would be very helpful.
Thanks.
I am currently on H-1B and I am planning on filing for EB1-OR and EB2-NIW sometime early next year. Further, I will be traveling to India in May-June, and will have to get my H-1 stamped in India at that time. Since you have been in this situation before, could you please let me know if you had any questions at your visa interview regarding the GC petition.
Most people I have consulted have had the employer sponsor their GC petition. So even if a question arises during visa interview, one can answer that "the employer has filed a petition". If a question comes up during the H-1 interview, how should we answer in this case where we apply for GC on our own? For example, if we get a question like "Who filed the GC petition?", (and I might answer "myself") which may (I am speculating here) lead to followup questions like "Why do you want to immigrate?" etc.
Since I will be filing on my own, I am just worried on how to answer if such questions come up during the H-1 interview. Any guidance would be very helpful.
Thanks.
HelpingHand
Registered Users (C)
I have had gotten H-1B stamped (two times) in the recent past while EB2-NIW (self petition) was pending. No questions were asked. However, there is a question in the DS-156 (?) asking `have you ever filed an immigration petition' for which I had answered `yes'.
tomy19192001
Registered Users (C)
travelling while I-485 pending but I-140 approved
1. If my advance parole is approved, do I really need H1B stamping to be done while returning back to US. Can I just use advance parole instead to renter US after my vacation. As my vacation is only of two weeks duration (many reasons why I cant extend more than that), and US consulate office (where H1B stamping would be done) is about 2 days far (through train journey) from my home in India,I really want to avoid H1B stamping if at all possible.
2. Would my traveling abroad on advance parole in any way affect my pending I-485 petiton. As the PD is current, there is a possiblity that I-485 may get accepted anytime (it can happen anytime from now till I come back from vacation). My concern is that, what will happen to my green card in the scenario when I am abroad (outside US) on advance parole and just in case, my I-485 got approved. Because I wont be here in US to receive approved I-485 or green card, will I be able to enter US on advance parole instead.
sorry for my confusing detailed questionnare, but I really donot want to mess things up in my last part of green card journey. Thank all for tremnedous help.
dear all, I need help here. My I-485 is pending however both of my I-140 got approved (plz see signature for details). I am currently on H1B visa. I never gone outside USA since I came here in 2001 on F1 and therefore passport is not stamped with H1B. I have valid I 94 with expired F1 stamp on my passport. Now I have applied for advance parole which is pending. I am planning to go to India (home country) in march 2009 (and hoping to receive advance parole by that time). My questions are as below:I have had gotten H-1B stamped (two times) in the recent past while EB2-NIW (self petition) was pending.
1. If my advance parole is approved, do I really need H1B stamping to be done while returning back to US. Can I just use advance parole instead to renter US after my vacation. As my vacation is only of two weeks duration (many reasons why I cant extend more than that), and US consulate office (where H1B stamping would be done) is about 2 days far (through train journey) from my home in India,I really want to avoid H1B stamping if at all possible.
2. Would my traveling abroad on advance parole in any way affect my pending I-485 petiton. As the PD is current, there is a possiblity that I-485 may get accepted anytime (it can happen anytime from now till I come back from vacation). My concern is that, what will happen to my green card in the scenario when I am abroad (outside US) on advance parole and just in case, my I-485 got approved. Because I wont be here in US to receive approved I-485 or green card, will I be able to enter US on advance parole instead.
sorry for my confusing detailed questionnare, but I really donot want to mess things up in my last part of green card journey. Thank all for tremnedous help.
tomy19192001,
The advance parole document is precisely for the purpose of returning to the US after traveling abroad while a I-485 is pending. So of course you can use it to return without a visa (if you had a H-1B visa, you wouldn't need the AP as you probably know) and of course it won't affect your I-485 because the very purpose of the AP is to enable you to travel and return without affecting your I-485.
If your I-485 is approved while you are abroad, you should still be able to reenter with your AP, as others have done. Remember that your green card is only proof of your status, and is not the embodiment of your status. Your AP has your A# and all other important information on it, so if you present it to an immigration officer in the US and they then determine that you are a lawful permanent resident, that's more reason to admit you, not to deny your entry.
The advance parole document is precisely for the purpose of returning to the US after traveling abroad while a I-485 is pending. So of course you can use it to return without a visa (if you had a H-1B visa, you wouldn't need the AP as you probably know) and of course it won't affect your I-485 because the very purpose of the AP is to enable you to travel and return without affecting your I-485.
If your I-485 is approved while you are abroad, you should still be able to reenter with your AP, as others have done. Remember that your green card is only proof of your status, and is not the embodiment of your status. Your AP has your A# and all other important information on it, so if you present it to an immigration officer in the US and they then determine that you are a lawful permanent resident, that's more reason to admit you, not to deny your entry.
tomy19192001
Registered Users (C)
thank you so mcuh your quick reply. Happy new year to the forum members.