AP / Travel/ I140 Approval ?

T

TroySJ

Registered Users (C)
Hi Everyone,

I am applying for I140/485 concurrently, I need to travel as soon as I get my AP.

Note: I am on H1B, however my Visa is single entry and I can not come back to the states using my Visa due to security clearance.

I wanted to know the risk of travelling with AP withoout having I140 approved, Some people do not recommend it.

Many thanks,

Troy
 
That was my understanding as well.

However, People are recommending me not to travel before my I140 approved and they say it is risky. I don't understand why?

I would be great if someone can comment on the risk of travelling without I140 approved

thanks

Troy
 
lprkhoj said:
Shouldn't be a problem as long as you are on H or L status and re-enter on H/L valid visa.
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His Visa is Single Entry - not sure how he is going to enter back to US?

Check with a lawyer. It would be good to have AP or approved I140 with which you apply 3yr extension of your H1B
 
My Visa is Single entry so I can not come back to the stated, I can not apply for Visa as well because the security clearance takes for months and My employer will not tolerated that.

I talked to my lawyer and she said it is ok, and you don't need an approved I140 to leave the country, all you need is your AP, However I have heard from a lot of people that there is a risk associated with that, one of them is if your I140 get denied. (This I don't understand because I assume that before denying my I140 they will send me a NOID, which gives )

I just want to make sure about this, I want to take any precausion that I can

Many thanks
 
TroySJ said:
Any one any idea?
Click to expand...

I am traveling to India on AP my I-140 is still pending. My attorney told me not to worry about I-140. i assume that they will send RFE before they deny in any case and you will have 90 days to reply. So, if i get RFE while I am in India i am going to ask my attorney not to reply until i return back.
 
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