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Travelling outside USA on AP with 485 pending

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  • Travelling outside USA on AP with 485 pending

    Hi,

    I'm on L1-A VISA now and planning to travel to Canada next week. My GC has been filed in EB-1 category. My I-140 and AP have been approved already while my i-485 is still pending.

    Now in this situation what should I use to come back to USA:

    1. Should I use my current valid L1-A VISA while coming back to USA..?

    2. Or, should I use the approved AP...? If I use AP, then will I lose the L1-A VISA...?

    3. What will be the case if I enter in AP and later my i485 gets denied/rejected...?


    Please advise. Thanks Much.

  • #2
    My friend has a valid H1B visa and she has been traveled to China and Hungary just fine while her green card application is pending. She does not have AP. You should consult a lawyer, but I do think you should be okay as long as your U.S. visa is still valid.
    Jul 1,2015 -- concurrent filing I-485, I-130, I-765, I-131
    Jul 2, 2015 -- package received
    Jul 9, 2015 -- received text and email confirming that application is processing
    Jul 10, 2015 -- checks were cashed
    Jul 16, 2015 -- NOA from mail (post mark 7/10/15), biometric appointment(7/31/15)
    Jul 20, 2015 -- walk-in biometric
    Jul 22, 2015 -- expedite EAD through phone at 2 pm, RFE at 8:30 pm
    Jul 23, 2015 -- proof faxed

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