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Pending I-140 travel on F1 or Advanced parole

Published Aug 1,2013 By GCforPhD
Question:  I got my OPT 17 months extension in May 2013, and last month I applied for I-140 (NIW).  I’m planning to visit my country in near future, so I think it would be better to have H1 rather than  F1-OPT. I have following questions:
Q1: during the processing time of I-140, can I apply for H1 (academic by the University)?
Yes you can apply for a H1B, since the visa holder can posses immigration intent. However, you may not be able to extend an F1 or apply for a J1.
Q2: After obtaining H1 if I140 is still not approved can I go outside USA?
You can always travel outside the USA and reenter using a valid H1B visa. This will not affect your i-140 processing.  However you should get a visa H1B visa stamp at the US consulate in your country.
Q3:After obtaining H1, if I-140 is approved  before I travel outside, can I travel outside USA before applying for I-485?
Yes. Same as question 2.
Q4: After having H1, and if I-140 is approved , and if I applied for I-485 before I travel outside USA, do I have to apply for travel document while I-485 is processing?
In this situation you have two choices. You can apply for an Advanced Parole (travel document) and use it. This is safe since your i-140 is already approved. If you use the AP your legal status becomes “pending i-485” (parolee) and your non-immigrant H1B status is considered abandoned. For your work purpose you can apply for an EAD (in the pendingi-485 status) and use it as a work permit.
Second option is to use your H1B. If you want to use your H1B you should already have a stamp or get H1B stamped. In this case your status is still H1B.
Both are safe options. Most people prefer the former if their i-140 is already approved.
Posted in Advance Parole
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Truth seeker
Truth seeker
8 years ago

I have question .i want to visit home . Am on
F1 visa with opt in progress last week I filed i140 its approval is pending . Can I travel out side USA?

Yet
Yet
6 years ago

I am on J1 visa that will expire in the next few days but my DS2019 is valid till March 2018. I recently applied for i-140 and plan to travel for a conference in my home country in December 2017. Can I travel out of USA while my my i-140 is still pending. If so, which is the best option after I travel? Is it possible to renew my J1 visa

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Yet

You can travel while I-140 is pending. However, you won’t be able to enter the U.S. with expired J1, even if DS-form is valid. You may not be able to extend J1 if you filed I-140 due to the conflict of intents.

hui
hui
6 years ago

I have similiar situation need help.
I hold J-1, and my I140 got approved. Can my wife back to us with valid J2 after my I140 approval? will it effect our later 486 filing? Thanks.

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  hui

Your wife can enter the U.S. on J2 even if your I-140 is approved. However, she might be advised to wait for at least 90 days before filing I-485 after the entry, see the link below
https://www.murthy.com/2017/09/21/306090-day-policy-revised-on-misrepresentation-and-preconceived-intent/

hui
hui
6 years ago

Thanks. in the same situation, can I apply for j-1 waive before j2 enter US? will it effect I485 later? Thanks.

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  hui

I’m not sure I understood the question. Can you please reformulate or give more details?

hui
hui
6 years ago

Thanks.
I hold J-1 (not waived), and my I140 got approved. so I plan to do my J-1 waive recently. My wife(valid J2 holder) is outside of US. My question is if I waive my J-1(submit to DOS), will my wife have problem when she enter US later (before J waiver approving)? will this have any effect on our later I485 filing (after 90 days)?

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  hui

Thank for the elaboration and congrats with I-140 approval! Your wife can enter on J2 at any time during the waiver consideration. J-waiver being filed, to my best knowledge, does not demonstrate the immigration intent. Also, your I-140 being approved also doesn’t demonstrate the immigration intent for your wife.

hui
hui
6 years ago

thank you, it is very helpful.

Nirav
Nirav
6 years ago

Hello, I have a similar question on J1, I am on J-1 Scholar here in the USA and planning to travel outside the USA in March 2018 for not more than 10 days and my DS-2019 and Visa expires in April 2018, i recently filed I-140 and it’s pending, So during this I-140 process can i travel? Please suggest me what to do, i already booked my flight

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Nirav

You can travel while I-140 is pending, no I-485 was filed and your J1 is valid. However, please take into account that you should not apply for I-485 within 90 days after entering the U.S. on J1 (which might be a problem, taken the timeframe you provided).

Hari Barla
Hari Barla
5 years ago

I hold J-1 visa expired last year but I have valid DS-2019 until March 2019. I have all my applications pending EB 1A I-140, I-485, I-131, I-765. I got advance parole for one-month validity under medical emergency. I am planning to travel to India for a week. Is there travel effect my pending applications or is there any problem inadmissible?

Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago
Reply to  Hari Barla

Unless your I-140/I-485 gets denied while you are in India, you should not have problems reentering U.S. on advance parole, nor it would affect your green card application.

Ali Hassan
Ali Hassan
5 years ago

I’m currently in the US on a J-1 visa with the 2-year home residency requirement. I have a few question that I would very much appreciate if you can help answering.
1. Can I apply for EB2-NIW Form I-140 before waiving the 2-year home residency requirement?
2. If so, can I apply for EB2-NIW Form I-140 from inside the U.S. and then leave the U.S. right after and finish the rest of the process from my home country once the Form I-140 is approved?
3. I understand that I cannot apply for a change of status unless the 2-year home residency requirement is waived. My question is what will happen if my request to waive the requirement is denied? Can I still apply for a change of status after satisfying the requirement (i.e., staying in my home country for 2 years)? Will the approved Form I-140 remain valid?
Thank you so much in advance!

Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago
Reply to  Ali Hassan

Hi Ali,

1. Yes, you can file I-140 before obtaining the waiver.
2. Yes, you can do that. Please keep in mind that you have to choose the consular processing option in the I-140 in this case.
3. Yes, you can still apply for the green card in this case (keep in mind that the adjustment of status is the term for obtaining the green card while you stay in the U.S. If you’re outside the country, it’s the green card application, not the adjustment of status). Yes, approval for your I-140 will be valid.

Peter
Peter
5 years ago

Hi there,

I am a Canadian citizen currently on J1 status working as a postdoc in the US without a 2-year home residency requirement. I recently applied for a green card but my I-140 was denied. I did not file a I-485 concurrently. My J1 status won’t be expiring until 2020.

Can I still travel internationally, or will the border agent see my I-140 application when I try to reenter the US and deny me entry due to showing intent to immigrate (even though my application got denied)? Thanks!

Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago
Reply to  Peter

Hi Peter,

Yes, you can travel internationally while J1 is valid, even if your I-140 is denied. Demonstration of the immigrant intent will only play a role and might be a problem if you apply for a new non-immigrant visa in the future.
I am sorry to hear that your I-140 was denied. We see an increasing number or denials this year. We could greatly benefit from learning from your denial/RFE documents. I will contact you privately with details soon.

Chetan
Chetan
5 years ago

Hello,
I am on OPT STEM extension and currently in the process of filing my I-140. Can I travel to India on a pending I-140 with a valid F1 visa? Will there be an issue because I have applied for a green card on F1 visa to return back to the country in case the I-140 gets approved in the meantime?

Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago
Reply to  Chetan

Hi Chetan,

It’s not a problem to travel on F1 while I-140 is pending/approved/denied. Please keep in mind that you need to wait 90 days before filing I-485 after entering the U.S. on F1.

Kim
Kim
4 years ago

Hi, I am a postdoc and just get my J1 two-year home residency waived and in the process of transferring to H1B. At the same time, I have submitted the I-140. I would like to know can I go abroad during this period to my home country to get new H1B new visa label? Do you recommend to get the Advance Parole before leaving US just in case if H1B visa get rejected?

BlogSupport
BlogSupport
4 years ago
Reply to  Kim

If you submitted I-140 only (without I-485), then you can travel without a problem, since H1B is a dual-intent visa.

Jose
Jose
4 years ago

Hi,

i am on F1-OPT STEM, I filed for I-140 in November 2019, in December i traveled outside united states and once again early February. Will this affect my I-140 process and eventually my I-485 application?

Thank you

BlogSupport
BlogSupport
4 years ago
Reply to  Jose

Hello Jose,

Did you file I-485, too?

Jose
Jose
4 years ago
Reply to  BlogSupport

No, not yet. My I-140 is still pending. And in the I-140 application I checked the box that states “Alien is in the United States and will apply for adjustment of status to that of a lawful permanent resident”

thank you

BlogSupport
BlogSupport
4 years ago
Reply to  Jose

This should not affect your I-140. However, you will have to wait for 90 days after entering the U.S. on F1 and before filing I-485.

Potter
Potter
3 years ago

Hi,

i am on F1-OPT STEM, I filed for I-140 in SEP 2020, I am returning to US on valid F1 and valid EAD card. Would this affect my entry to US?

Thank you

BlogSupport
BlogSupport
3 years ago
Reply to  Potter

You may experience problems with entering the U.S. on F1 while I-140 is pending, because you expressed an immigration intent. It is normally suggested to file I-495 together with I-140 (or after) and obtain an advance parole in order to travel, while I-140 is pending. If you are already abroad, please consult with an experienced attorney to see if that might be an issue right now.

Dor
Dor
2 years ago

Hello, I’m a postdoc on a J-1 visa with a pending I-140 ( I-485 hasn’t been filled yet)
Would I be able to travel internationally and re-enter the US on my J-visa?
Does filling I-140 change my non-immigrant intent?

BlogSupport
BlogSupport
2 years ago
Reply to  Dor

It is not recommended to re-enter the U.S. with J1 after the I-140 is approved as it creates a conflict of intents, as you already mentioned.

Dor
Dor
2 years ago

My I-140 is still pending ( not approved). Is it ok in that case?

BlogSupport
BlogSupport
2 years ago
Reply to  Dor

What if it gets approved while you are traveling?

Dar WEISS
Dar WEISS
2 years ago

I understand the concern, but I’m asking in case it is still not approved and I’m trying to re enter wtih my J visa

BlogSupport
BlogSupport
2 years ago
Reply to  Dar WEISS

Technically, you demonstrated immigration intent by filing I-140. However, we do not know if the border officers have that information on hand, so it is a gray area. Please consult with a qualified attorney to get more up-to-date information.

Morg Tony
Morg Tony
1 year ago

I’m currently on an F-1 Visa. I have filed I-140 NIW which results is pending. I would like to know if I can travel out of U.S.?

BlogSupport
BlogSupport
1 year ago
Reply to  Morg Tony

Good afternoon,

Did you also file I-485 together with I-140?

Giovana Mince
Giovana Mince
1 year ago

I am currently on a F1 Visa. I filed an I-140 NIW and it was approved last week. I have personal and work related international trips scheduled for the next couple of months. I have not filed an I-485 yet. My F1 visa and I-20 are valid. Can I leave and re-enter the country with my visa, or will I have problems due to the approved I-140?

BlogSupport
BlogSupport
1 year ago
Reply to  Giovana Mince

In theory, you will be creating a conflict of intents. However, in practice, I am not aware of problems in your situation. Please consult with a qualified attorney regarding this case, so they could provide you with the most updated information.

Claude dusse
Claude dusse
1 year ago

Hi

I am applying for EB2 NIW from France.
Can I travel internationally while the i140 is pending ?

Thank you very much

BlogSupport
BlogSupport
1 year ago
Reply to  Claude dusse

Pending I-140 should not affect your ability to travel internationally, assuming you already have necessary visas for the planned travel.

Sima
Sima
1 year ago

Hello,

I’m in the US on a valid J1 visa. I applied for I-140. Can I travel outside of the US and be able to come back in the US while my I-140 is pending or approved?

Thank you

BlogSupport
BlogSupport
1 year ago
Reply to  Sima

Yes, you can. However, you need to be careful when you apply for adjustment of status, if you plan to do this shortly after re-entering the U.S. on J1.

Sima
Sima
1 year ago

Thanks, are 90 days enough time to submit I-485 after re-entering the US?

BlogSupport
BlogSupport
1 year ago
Reply to  Sima

What visa do you plan to use to re-enter the U.S.?

Poliana Zoletti Barriento
Poliana Zoletti Barriento
10 months ago

I applied for the EB2 NIW and I got the denial letter for my I140 on 04/05/2023. I have my EAD and advance parole valid until 2024. Can I travel internationally in this condition, or I will have issue to reentry in the USA?

BlogSupport
BlogSupport
10 months ago

If your advance parole was issued in connection with I-485 that was filed together with denied I-140, then it might be invalid already. Please consult with a qualified immigration attorney.

Candice
Candice
10 months ago

Hi, I am in the US with a valid F1 visa and applied for I-140 (currently pending) about 2 months ago. I travelled and reentered US with my F-1 Visa a week ago. I am concerned if this may affect my pending I-140. Should I file for IVP instead of I-485? Thanks

BlogSupport
BlogSupport
10 months ago
Reply to  Candice

Entering U.S. on F1 should not affect pending I-140. However, you may need to wait 90 days after you entered the country on F1 before you file I-485.

Ahmed
Ahmed
10 months ago

I have an approved EB-2 NIW i140 and valid F1 i20. I have an expired F1 visa. I haven’t filed i485 yet. Can I travel to Canada and re-enter US under automatic revalidation if my trip is for less than 30 days? I will file i485 90 days after I re-enter US. Please let me know.

BlogSupport
BlogSupport
10 months ago
Reply to  Ahmed

Hi Ahmed,

You plan looks fine in theory. However, I would recommend you to talk to a qualified immigration attorney for more up-to-date real world information.

Ahmed
Ahmed
9 months ago
Reply to  BlogSupport

I also talked to my attorney and he said there are risks because of approved i140. I want to know if anyone here was able to re-enter US after traveling on F1 visa and approve i140.

Myrto
Myrto
8 months ago

I have a pending I-140 and valid F1 STEM OPT I-20 until May 2025.

I am traveling to my home country. My F1 visa has expired and I submitted a DS-160 application to request an appointment at the US embassy to renew my F-1 visa in my home country before coming back to the US.

My attorney said there are risks but since I haven’t filed for adjustment of status he said I’m going to be fine. Do you see a reason for my F1 renewal request to be rejected?

Thank you!

BlogSupport
BlogSupport
8 months ago
Reply to  Myrto

Technically, you are creating a conflict of intents (immigration vs non-immigration). So, your attorney is right: there are risks of F1 denied, but, most probably, you are going to be fine.

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