In home country, need Visitor Visa, I485 pending and I140 approved

[cvamfin]

Hi

 

I have an EB3 I485 pending/I140 (approved, 2007). We returned to our home country in 2011, we grew tired of waiting for GC. My EAD/AP has long expired (Nov 2012).

 

I haven't been to the states since mid 2012, don't have a valid EAD or AP for either me or my wife.

 

So, the questions are

 

1> Is my EB3 application as good as dead? 

 

2> Any chance of reviving the EB3, since I can't get back to US on an expired AP.. What pathway is available for me to get back to the USA, and resume work etc on my I485, other than reapplying for H1b etc. 

 

3> The kids (USCs) would like to visit disneyland etc, so if my wife and I were to apply for B1/B2, would it effectively nullify our i485 application?

 

TIA

[JoeF]

Your I-485 is gone, due to the AP expiration.

H1 would be the only option. A visitor visa would be pretty much impossible to get, since you have shown immigration intent.

[t75]

You first need to determine if your sponsor has terminated petition. 

[cvamfin]

Hmm very interesting perspectives, I am pretty sure my 140 isn't cancelled, I checked its status recently on the USCIS website and my old corp doesn't re-purpose i-140 or terminate petitions..

 

But, I'd like more opinions on Joe's comment, since I abandoned my active petition and came back, doesn't that prove that I no longer have immigration intent? Won't that help with B1/B2?

[JoeF]

Hmm very interesting perspectives, I am pretty sure my 140 isn't cancelled, I checked its status recently on the USCIS website and my old corp doesn't re-purpose i-140 or terminate petitions..

 

But, I'd like more opinions on Joe's comment, since I abandoned my active petition and came back, doesn't that prove that I no longer have immigration intent? Won't that help with B1/B2?

Unlikely.

The question on the form for a non-immigrant visa is "Has an immigrant petition EVER been filed for you?" That immigrant petition is the I-140.

If the I-140 is not revoked, what would prevent you from filing an I-485 again when you are in the US?

They *may* give you a B2 visa with the annotation "No COS/AOS", but still not guarantee.

[omshiv]

I believe JoeF is correct..once you leave the country while your I-485 is pending and your AP also expires..then its termed to be abandoned. Having said that I would leave it on the VO while applying for B1 although you still showed Immi intent in the past.

 

You should have applied for CP instead of wasting GC application...everybody gets tired but there is some or the other way.