I-140 NIW submitted. Can I leave U.S.?

R

RexSolomon

Registered Users (C)
Hello All,

I have just submitted my I-140 NIW self-petition. I am currently in New York on business and my stay is good for five months.

Can I leave the U.S. before the response to the I-140 is received?

If my valid stay is reached and I have to leave, what should I do?

Do I have to submit any form or document with the USCIS to leave in say three weeks?

I have business dealings in other countries, but I don't want to invalidate my self-petition.

Any advice would be greatly appreciated.

Thanks!
 
Originally posted by RexSolomon
Hello All,

I have just submitted my I-140 NIW self-petition. I am currently in New York on business and my stay is good for five months.

Can I leave the U.S. before the response to the I-140 is received?

If my valid stay is reached and I have to leave, what should I do?

Do I have to submit any form or document with the USCIS to leave in say three weeks?

I have business dealings in other countries, but I don't want to invalidate my self-petition.

Any advice would be greatly appreciated.

Thanks!
Click to expand...

Leaving the country will not invalidate your petition. People apply from outside all the time.

However, you may not be allowed to re-enter as a B-1 (business visitor status) as dual intent is not allowed. When you request entry under B-1, it is implied that your stay is temporary. Submitting the I-140 shows that your intent is to immigrate and that your stay is permanent. If your petition comes up at the POE, you will be denied entry. Hundreds of thousands of people are denied for dual intent every year, so don't take this lightly. You might be able to file an I-485/AP/EAD to keep yourself in status. I would not leave the country without consulting with an immigration attorney.


Brian
 
Last edited by a moderator:
Recent US Patent Awardee (Nat'l Sec.)

Thank you Brian for your reply. I did not know about the dual intent. And I will do as you recommended.

I was recently awarded a US Patent for a device that can prevent entrapment in burning skyscrapers - so my patent refers to National Security, thus the NIW petition.

I filed an I-140 specifically because they have considerably decreased the duration of the 'normal visit' to the US for B1/B2 as a result of 9/11.

Since I have a US Patent, I need to attend to manufacturers, suppliers, contractors, investors, etc., etc. The 'normal visit'' duration is too short a time for my business needs, thus I applied for an NIW.

Do you believe that this reason is too shallow to overcome the
'dual intent' argument? I do have all the documentation to prove my case.

Thank you again.
 
my opinion:

just because of 9/11,your device may not be construed as something in "national interest".

just because you need to visit US time and again because of your work or patent, it does not mean that you need permanent residency.

either you keep visiting US or you stay in the US.

first you should have decided this and then filed your 140.

it may be a far fetched idea to have your 140 approved the way you have filed it.

anyways,i hope it gets approved.
 
About 12 NIW rules complied with

Hello!

I know what you mean. The patent really is not enough to get an NIW it is more about the person right?

I should qualify as a person with an 'Advanced Degree' since I have about 14 years continuous and progressive experience.

Likewise, my expertise is in-line with the technology used in the patented device.

My forte as a professional is to start, operate and bring to full production projects that have never been done before. Used to work for Cisco Systems and was a consultant for NCR and Accenture. Much like this project my 14 years of successful projects should be indicative of 'projected benefit'.

It was a long NIW petition, but I tried my best to cover every existing argument that the USCIS had. Hopefully it will be good enough.

Thanks for the commentary!
 
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