Travel after I-140 approval, before I-485

[startrek2005]

Hi
I have an approved I-140 (NIW) and I am on F-1 right now valid till 2008. Can I go to India for 3-4 weeks without any problems?
Since I haven't filed for I-485 due to retrogression, I think I can travel..... I just to want to confirm.
Thanks in advance

 

[ajasha]

Hi
I have an approved I-140 (NIW) and I am on F-1 right now valid till 2008. Can I go to India for 3-4 weeks without any problems?
Since I haven't filed for I-485 due to retrogression, I think I can travel..... I just to want to confirm.
Thanks in advance

If you are on H1B1 or L1, then it is ok. But F1 is not dual intention visa. Check with any attorney about traveling. If you need restamping then it will definitely be a problem because of single intent and I-140 immigrant petition.

 

[startrek2005]

Ajasha,
Thanks for your reply.
SInce I haven't filed for I-485 which is an adjustment of status, I thought it shouldn't matter as nothing really happens to a person's immigration status after I-140 is approved. S/He gets to use the same old visa.I though EADs and APs goes with I-485 petition onwards
I will check it with a lawyer

 

[techy2468]

Ajasha,
Thanks for your reply.
SInce I haven't filed for I-485 which is an adjustment of status, I thought it shouldn't matter as nothing really happens to a person's immigration status after I-140 is approved. S/He gets to use the same old visa.I though EADs and APs goes with I-485 petition onwards
I will check it with a lawyer

the probability is very less, but what if the primary applicants visa is denied for some reason?? (remember that its clearly stated that consulate officer can deny your visa without giving a good reason.......all they will say is that they dont think you will come back)

 

[techy2468]

i think you are safe if you have a valid F-1 stamp in your passport......since there is no paperwork where you have to mention about your dual status.....

everyone: am i right??

 

[startrek2005]

Thanks techy for your response and PM.
I have a valid F-1 from India and used it two times in the last 2-3 yrs to enter the country. It is due to expire in 2009, so am I safe.
I cannot apply for I-485 due to retrogression. I have 2 options
1. apply for EB-1 EA with I-485 and AP. I am not sure if I will stand a good chance with EB1. In the event it gets rejected then I-485 is also rejected simultaneously with AP and I am kind of out of status.
2. apply for EB-1 EA, wait tillit gets accepted, then file for 485 and AP (if priority date is till current), then leave the country. I also have to add my marriage into this equation before 485 is accepted.
Can someone clarify on this

 

[jk0274]

Be knowledgeable of your status

Thanks techy for your response and PM.
I have a valid F-1 from India and used it two times in the last 2-3 yrs to enter the country. It is due to expire in 2009, so am I safe.
I cannot apply for I-485 due to retrogression. I have 2 options
1. apply for EB-1 EA with I-485 and AP. I am not sure if I will stand a good chance with EB1. In the event it gets rejected then I-485 is also rejected simultaneously with AP and I am kind of out of status.
2. apply for EB-1 EA, wait tillit gets accepted, then file for 485 and AP (if priority date is till current), then leave the country. I also have to add my marriage into this equation before 485 is accepted.
Can someone clarify on this

You may have gotten some incorrect advice above.

The I-140 is much more important than the I-485. Once you file I-485, you shouldn't even need to use your visa to return to the US (except if you have an H-1B), you should use advanced parole. So once you file I-485, you would not need to worry about consular officials and stuff like that anyway.

However, since you filed for an immigrant petition, the I-140, you have established intent to immigrate. So basically you must avoid any situation where you would need to appear at a consulate for purposes relating to a non-immigrant visa such as a new F-1. If you ever need to apply for a new F-1, you will probably be denied. But since your F-1 is valid for a few more years, you should be okay PROVIDED YOU ARE RETURNING TO THE US ON A VALID I-20 TO CONTINUE THE PROGRAM OF STUDY YOU WERE ORIGINALLY PURSUING WITH YOUR F-1.

Do not fall out of status as an F-1 and do not use your valid visa just to reenter the US if you are no longer a student. If you fall out of status, you may be unable to file I-485 later on without some sort of a penalty.