I-140 and Travel

[Shefali72]

I am currently on L2 and working with an EAD.
My husband's company will be filing his I-140 early next week.
But, I need to travel to India during septmber for 4 weeks.
And the Visa stamping on my passport has expired.

My concerns are:

1) Can I travel to India without an Advance Parole while I-140 has been filed?
Please not that I-485 will not be filed for us until I come back from India.

2) And since my Visa has expired on my passport, will I have to get my Visa stamped at the American consulate in India?

3) If yes, then what should my answer be(considering I-140 has been filed for my husband but I-485 has not been filed) to the question on form D-156 that :
"Has anyone ever applied for Immigrant Visa Petition for you"?

Anyone help is greatly appreciated?

[knowledgeable]

Require valid document to re-enter U.S.

You need some valid document to re-enter U.S. It can be either a visa stamped on your passport or an Advance Parole.

With your EAD your status inside the country is legal and you're allowed to work, however, this does not allow you to re-enter the country at a POE.

If your I-485 has not been filed that means no immigrant petition has been filed for you. What your intentions are in the future has nothing to do with it.

Of course, if you're asked a specific question at AMCON in India whether there is a plan in process for the same, you'll have to reply truthfully. However, the possibility of this happening is slim.

Good luck.

I am currently on L2 and working with an EAD.
My husband's company will be filing his I-140 early next week.
But, I need to travel to India during September for 4 weeks.
And the Visa stamping on my passport has expired.

My concerns are:

1) Can I travel to India without an Advance Parole while I-140 has been filed?
Please not that I-485 will not be filed for us until I come back from India.

2) And since my Visa has expired on my passport, will I have to get my Visa stamped at the American consulate in India?

3) If yes, then what should my answer be(considering I-140 has been filed for my husband but I-485 has not been filed) to the question on form D-156 that :
"Has anyone ever applied for Immigrant Visa Petition for you"?

Anyone help is greatly appreciated?

[waitin_toolong]

To answer your question with filing of I-140 your L1 is still alive and you dont need AP/EAD for travel. You can happily get the stamping and since L is a dual intent visa immigration petition will not have an effect here. In your case no petition has been filed yet, so no issues anyways.

The EAD u r using now is due to L2 so no issues there.

you will definitely need a current stamp to enter.