is it safe to travel on AP prior to I-140 approval?

R

royl66

Registered Users (C)
When filing concurrent I-140/I-485 and getting an approval on AP, can one travel immediately? I know the risk that if the I-140 gets denied then I-485 and AP are cancelled, but if I travel immediately, for a short 7-10 days trip, no way the I-140 would be decided so quick... At most, they would issue an RFE on the I-140... would that pose any hardship when returning to US?
Thanx for your thoughts...
 
It's generally a good idea to maintain your non-immigrant status while your I-485 is pending, in case it should get denied. And, of course, once you enter the US on the AP, you are no longer in non-immigrant status, but a parolee in AOS status (unless you have H1 status and a valid visa stamp in your passport in which case you may not need AP at all to re-enter). And, of course, before you get your I-140 approved, the chances of getting your I-485 denied are much higher. But it's ultimately your choice, whether you want to take the risk. If your non-immigrant status will be valid for quite awhile, I'd say hang on to it and wait with your travel plans...
 
civ2ru said:
It's generally a good idea to maintain your non-immigrant status while your I-485 is pending, in case it should get denied. And, of course, once you enter the US on the AP, you are no longer in non-immigrant status, but a parolee in AOS status (unless you have H1 status and a valid visa stamp in your passport in which case you may not need AP at all to re-enter). And, of course, before you get your I-140 approved, the chances of getting your I-485 denied are much higher. But it's ultimately your choice, whether you want to take the risk. If your non-immigrant status will be valid for quite awhile, I'd say hang on to it and wait with your travel plans...
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Your statement(s) are not entirely true.

You can enter using AP and that WILL NOT change your non-immigrant status. You do NOT need a H visa stamp to do this (like you say, why use AP at all then ?)
You can enter using AP and your H status would remain unaffected.
 
Thnx cv2.. unfortunately I don't have my H1B stammped in my passport so I cannot travel on it alone and I do need the AP. I guess my question is if you can return safely to the US on AP if your non-yet-approved I-140 goes into RFE status?
Thanx.
 
royl66 said:
Thnx cv2.. unfortunately I don't have my H1B stammped in my passport so I cannot travel on it alone and I do need the AP. I guess my question is if you can return safely to the US on AP if your non-yet-approved I-140 goes into RFE status?
Thanx.
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You don't need a H1 stamp. You can enter by using your AP and your passport - that's all is needed.

A 140 RFE will not effect your AP validity in any way.
 
max2k1,

I totally agree with you about AP usage not invalidating H1 status. I was trying to say the same thing, only didn't phrase it perfectly I guess. But it really wasn't clear from royl66's 1st post which non-immigrant status he had, so I was only trying to play it safe. Plus, unless we were talking specifically about H1 or L1 from the start, your statement "You can enter using AP and that WILL NOT change your non-immigrant status" is not entirely true as well, as it only applies to dual intent visas such as H1 or L1...

Oh, whatever. For all practical purposes - royl66, you should be good to go on your AP if your H1 status is valid. Cronin memorandum is on your side.
 
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civ2ru said:
max2k1,

I totally agree with you about AP usage not invalidating H1 status. I was trying to say the same thing, only didn't phrase it perfectly I guess. But it really wasn't clear from royl66's 1st post which non-immigrant status he had, so I was only trying to play it safe. Plus, unless we were talking specifically about H1 or L1 from the start, your statement "You can enter using AP and that WILL NOT change your non-immigrant status" is not entirely true as well, as it only applies to dual intent visas such as H1 or L1...

Oh, whatever. For all practical purposes - royl66, you should be good to go on your AP if your H1 status is valid. Cronin memorandum is on your side.
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Yeah - you don't really apply for AOS from a non-immigrant status that does not allow for dual intent.

But point taken.
 
TheRealCanadian said:
Lots of people do so every year, and get approved.
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I guess what max2k1 meant was, if your visa doesn't allow for dual intent, you can't file I-485 and continue renewing your non-immigrant status at the same time (having shown immigration intent by filing I-485). That's what I'd say anyway... At any rate, royl66, having a valid H1 status and AP, should be able to travel safely!
 
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