I-131 for Canadian applying for GC using NIW program

[zikzak2024]

Hi everyone,

I'm a Canadian applying for GC using NIW program (approved I-140), currently living and working in the States on L1B visa. I plan to fill and send I-765 (EAD) along with my I-485, but I'm wondering since I can always enter the States using my Canadian passport, do I still need to fill I-131 too? If I travel when my GC is pending and for some reason my L1B gets nullified when I'm abroad, is there any law preventing me from using my Canadian passport to come back to the States? or harm my GC application in any way?

Thanks for your help.

 

[newacct]

or harm my GC application in any way?

According to 8 CFR 245.2(a)(4)(ii)(A) to (D), if you leave the US while I-485 is pending, you automatically abandon your I-485, unless 1) you leave after being granted Advance Parole and are paroled back using that Advance Parole, or 2) you maintained H1b/H4/L1/L2/K3/K4/V status until right before leaving, and you are admitted back on the same status. So if you do not have Advance Parole, and are not re-admitted in L1 status for employment with your L1 employer, then your I-485 should be automatically abandoned.

is there any law preventing me from using my Canadian passport to come back to the States?

What status are you entering on? If you are entering on B2 visitor status, you can always be denied entry for immigrant intent, in the discretion of the immigration officer at entry. You are not supposed to enter on B2 with preconceived intent to file an I-485 during that stay.