Travel on J1 VISA after I-140 submission


pareshchothe

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Hi,

Last week I submitted my I-140 application to USCIS (TSC) in EB1A category. I am on J1 VISA and VISA is valid until February 2015. I m planning to go to India to visit my family in December 2014 for a month. I have a doubt that - will there be any issue related to GC application during port of entry ?

If yes, then what would be the best option with which I can travel to India ? Any comments or suggestions would be highly appreciated. Thank you

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Hi,

Last week I submitted my I-140 application to USCIS (TSC) in EB1A category. I am on J1 VISA and VISA is valid until February 2015. I m planning to go to India to visit my family in December 2014 for a month. I have a doubt that - will there be any issue related to GC application during port of entry ?

If yes, then what would be the best option with which I can travel to India ? Any comments or suggestions would be highly appreciated. Thank you

J1 visa does not allow immigration intent like H1B. But, I am not sure how filing of an I-140 will be an issue at POE. Wait for others opinion or talk to your attorney who filed I-140 for you.

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Thanks Jairichi for your reply. I was thinking in the same direction however, when I talked to my lawyer she said getting J1 waiver and I-140 application both show my immigration intent so I may have a problem at the border while entering USA as it is always up to the discretion of the border officer. That is where I got confused. I will definitely wait for others' opinion. Thanks

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