Can we start to use AP before 140 approval

1

140neverend

Registered Users (C)
Hi, our 140 has been pending for more than 1 and half year. Since we have to be out of US for a month, is it OK to use our AP to reentry? Is there a risk that 140 will be denied during that month, the airport officer can detect it and refuse us to enter US again?
 
Hi, our 140 has been pending for more than 1 and half year. Since we have to be out of US for a month, is it OK to use our AP to reentry? Is there a risk that 140 will be denied during that month, the airport officer can detect it and refuse us to enter US again?

Please post your case details and filing dates. With I-140 pending, you are at mercy of airport officer to allow entry in U.S using Advance Parole and this can risk your immigration application as well. Contact your attorney and get H permit
 
Yes

My I140 was applied on July 14th. I made a trip to Cananda on Dec 13th and returned to the US on AP. There was absolutely no problem and my I-140 is still pending (lost somewhere in the paper mountain)
 
Travel on AP before 140 approval

Hi,
This is my experience. I applied in May 2003. Still not approved. I travelled twice using AP, once to canada and once to India and back via UK. Didn't have a problem. You are close to approval though. Don't know how that affects your situation.

J Rao
 
vsc_babu:

Can you show me anywhere, in any memo, it says travelling on AP with I-140 pending cause problem. Then why the hell they issue AP?
 
Last edited by a moderator:
Can you show me anywhere, in any memo, it says trvaelling on AP with I-140 pending cause problem. Then why the hell they issue AP?

Assuming, 140neverend, is OUT of job, he is no longer with his employer who filed his I-140 petition. For any reason where I-140 is denied, revoked or RFE'ed, he gets in a tricky situation. When AP is used to enter, an immigration officer has the ability to check his records with BCIS and ask any employment data.

tchangu,jrao124 and z/OS V1.4 you guys must be working and have access to employer support letter when you made your trips, if NOT please tell me your experience in detail, I would like to know how you can travel with I-140 pending, valid AP and unemployed.
 
H1-B status is independent from I-485 status. A person can work with one employer and can be on H1 status, and still can apply for GC with another employer, as GC is for future job. Upon approval of GC, the person has to work with employer who filed for his GC.

I-485, AP and EAD depends on I-140. If I-140 denied or revoked, the BCIS can send revoke notice for I-485, AP and EAD. Then they all invalid. If the person is on H1 and not used EAD, even though I-140, I-485, AP and EAD denied, he can still on H1 status.

Pending I-140 will not give a problem to use AP, but denied I-140 cancels the validity of AP, EAD and I-485.

So a person can use AP without any problem.

If they RFE'd I-140, no problem.

If one is out of job, using AP or valid visa is no problem. In rare situations, the officer at POE can ask for employment letter and paystubs. Then there can be a problem.

He can be with different employer, as GC is for future job.

I do not think they will check whether you are employed or not, but can only check whether the petition (revoked or not) or visa is still valid or not.
 
Last edited by a moderator:
Originally posted by z/OS V1.4
I-485, AP and EAD depends on I-140. If I-140 denied or revoked, the BCIS can send revoke notice for I-485, AP and EAD. Then they all invalid. If the person is on H1 and not used EAD, even though I-140, I-485, AP and EAD denied, he can still on H1 status.

Pending I-140 will not give a problem to use AP, but denied I-140 cancels the validity of AP, EAD and I-485.

So a person can use AP without any problem.
Click to expand...
And that Gentlemen is the fullstop on the discussion. Good poze Z/OS V1.4! Succiently explained and well researched!
 
You must log in or register to reply here.
Top