Urgent Help Needed!

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pennn433

Registered Users (C)
My friend received a 485 denied letter due to some 140 problem (concurrent filing). But he is currently traveling abroad and coming back tomorrow using AP. Is there a potential problem that he will not be able to come back? The 485 rejection letter did mention all EAD and AP are invalidated immediately.

Please help! What other options?

Thanks a lot!!
 
Does he have a back up valid H1 visa stamp? He could re-enter using it. Unfortunately he won't be able to file a non-immigrant visa to re-enter since by filing for his green card he has shown intent to immigrate.

If his lawyer files a motion to re-open then I think that his AP would be valid again. Like ihack1 says, he should probably delay his trip and consult with his lawyer.
 
Hi

Has he filed a motion to re-open or re-consdier?

If not he should as there are strict time limits for an appeal


This is touch and go if he will be allowed back in without a case in progress and may well have problems


When you come through with AP you always get taken for secondary checks. They check all case status and unless there is an appeal in prgress may well be denied

Strongly recommend he speaks with attorney

Regards Sue
 
Yeah, he is going to file MTR. I just got his denial letter, it says he does not have an approved I-140. But he filed concurrently, how could this happen? Could it mean I-140 was denied and this is the result of that?

Also, can anyone tell me for concurrent filing, what Application Type (A to H) needs to be checked? Thanks!
 
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