Go outside of US while I-140 pending. Urgent!

[itavirol]

Hi,

1. I applied NIW and EB1A in 2008. My I-140s are pending.
2. I am a Postdoc and J1 visa (two year home is not applied).
3. Nationality: Singapore

I will have a job interview in Australia in coming months. My question is:
1. Where can I get visa to re-enter US after interviewing in Australia?
2. What problem can I get?
3. Can I apply an advanced parole (AP) for this interview? How long to get it?

Please help to answer.
Thanks

 

[jk0274]

Do you have a pending I-485 or not?

If you do, your only choice is to apply for Advanced Parole and return with that. It can take anywhere from 3-12 weeks to get it approved.

Because you have submitted an immigrant petition, you are no longer eligible for a J-1 visa. So even if you find a consulate, you will not be given a new J-1 visa because you have immigrant intent, which is against the J-1 visa regulations.

So if you have a pending I-485, get an AP document and then leave. If you don't, then don't go, because it's extremely likely that you won't be able to return.