Travel to Canada while EB-1 OR I-140/I-485 pending - H1B or AP?

P

pd_2004

Registered Users (C)
Hello all,

I have a question on travel which I hope experts here may be able to shed some information on.

Here is the situation:

My current visa status is H-1B with a valid visa stamp expiring Oct 2010.

EB2-NIW I-140 approved. No I-485 associated with this (not current priority date)

EB1-OR I-140: applied back in October 2009, RFE received and response sent back on Apr 1, 2010. Currently pending.

Concurrent I-485 and advance parole (AP) applied with EB1-OR petition. AP has been approved.


Here is my question:

I have to travel to Canada in June for a conference. Given that I-140/I-485 are pending, when I re-enter - should I use AP or can I use H1-B visa? Which one SHOULD I use? What happens if I-140 gets denied while I am in Canada? Does it affect my status in any way? Can I still re-enter using H1-B visa?

I am trying to finalize my travel reservations, and would appreciate any insight.

Thanks,
pd
 
Some points:
1- Your flight reservations shouldn't be affected by your query above.
2- If you are currently working for your original H-1B sponsor, and have a valid H-1B document, then you can remain in H status regardless of what happens to your AOS application. Your nonimmigrant status is not affected by denial of an AOS application. But if you enter with your AP, you will not be in H-1B status any longer (you'll be a parolee), so if your AOS application is denied, you won't have authorized presence in the US.
3- If your fears come true and your I-140 is denied while you're in Canada, then you will still be able to use your H-1B visa.

So it seems that using your visa is the best way to go in all scenarios - again, assuming you are in H-1B status now.
 
Thanks jk. The note about flight reservations was because I needed to make prior reservation as the rate keeps increasing each day. Looks like I should be safe with the travel in terms of status. Thanks.
 
Just an update: got the EB1-OR I-140 approved prior to my trip to Canada. Just returned from Canada. Used my H-1B visa as suggested by jk. No problems in re-entering. Now got an RFE for I-485 asking for medical because I didn't submit one as my wife and I were expecting a baby at that time. I just posted a question in I-485 forum (485 general issues forum) regarding that RFE, as it appears I may not have enough time to respond if the doctor insists on seeing county health dept (Any suggestions would be helpful - please see my post in the I-485 forum). Will keep you all updated.
 
You must log in or register to reply here.
Top