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Travel on F1 visa with EB1A I-140 pending or approved

Published Nov 20,2020 By Prerna Chikersal

Hello! I’m a PhD student on a F1 visa. My country of birth is India. So, EB1A is the only viable option for me. My question is — if I file for a I-140, can I still use my F1 visa to travel and return to the US, while the I-140 is pending/denied/approved?

Thanks,

Prerna

Posted in EB1A
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BlogSupport
3 years ago

It is generally advised not to travel on F1 if I-140 is pending/denied/approved, because filing I-140 shows an immigration intent, while when entering the U.S. on F1 you essentially demonstrate a non-immigrant intent. Please consult a qualified immigration attorney to get an up-to-date information on the enforcement practices and current procedures.

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