F1 travel with I140 Approved. Anyone ever get refused entry at CBP?

#1
Hi friends,

This might have been asked a few times but just want to get more recent info.

So situation is simple like this:
currently in US
valid F1 visa
I140 is approved last year

Question is can I exit US and enter using my F1, even though I140 is approved.

There're some posts about this issue but I see people saying you can and people saying you can't.
But at the same time, an colleague in my team in the same situation exited and entered without any issue last month, so I'm really tempted to try.

Has anyone ever been questioned by CBP officer about this issue or even rejected entry?

Thanks!
 

1AurCitizen

Registered Users (C)
#2
You'd see the same in this forum too.. some saying you can and others saying you can't. F1 requires non-immigrant intent while an approved I140 serves as the opposite. US re-entry in this scenario would be up to the CBP, irrespective of colleagues in similar situations. No two cases are alike; only US citizens are guaranteed entry.
 
#3
You'd see the same in this forum too.. some saying you can and others saying you can't. F1 requires non-immigrant intent while an approved I140 serves as the opposite. US re-entry in this scenario would be up to the CBP, irrespective of colleagues in similar situations. No two cases are alike; only US citizens are guaranteed entry.
Yeah thanks for the clarification.

I guess at this point I just wanted to try it since my alternatives takes much longer time.
At this point all limited data points I'm seeing is people get admitted in this situation. So I wish I could get some data points where people are refused entry, if any.
 

SusieQQQ

Well-Known Member
#4
Sorry if this is an ignorant question but I’m confused - F1 is full time student visa? Who is on your “team” and who is filing I140? Are you on OPT?
 
#5
Sorry if this is an ignorant question but I’m confused - F1 is full time student visa? Who is on your “team” and who is filing I140? Are you on OPT?
Not at all.

I currently hold valid F1 visa but this doesn't necessarily mean I'm currently full time student. I have graduated and is currently working using STEM OPT.
So is my colleague.
 

whitemimauz3

Registered Users (C)
#6
If you are from non-retrogressed country and priority date is current, you can file I-485, so straight F1 to green card. When you travel while on F1 OPT you should carry employer letter, approved I-20, I-765 with you.
 
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