Travelling outside USA on AP with 485 pending


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Posted

Hi,

 

I'm currently on L1-A VISA and filed my GC in EB1 category. My AP and I-140 have been approved. However, my I-485 is still pending with USCIS.

 

I'm planning to Travel to Canada next week.

 

1. I would like to know whether I can use my existing L1-A to enter into USA or should I use my approved AP...?

 

2. Also, if I enter in AP, am I going to lose my L1-A VISA...?

 

3. What if I enter in AP and then my 485 gets rejected later...?

 

 

Please advise. Accordingly, I will plan. Thanks much.

Posted

1. Yes, if you will return to the L1 employer or use AVR.

2. You will then be considered paroled in and not in L1 status.

3. If the I-140 is approved the AOS will only be denied for fraud.

 

 

Thanks pontevecchio. Much appreciate.

 

One last question: If my i-485 is approved while I'm outside USA on vacation, then should I come back to USA with my approved Advance Parole or with my valid Non-Immigrant VISA (L1-A)... ?

 

Please suggest.

Posted

Either and tell them your AOS is approved. Did you not have a Lawyer?

 

Thanks... I just wanted a second opinion. My Lawyer suggested me to come on AP if my i-485 gets approved while I'm outside USA. Just wanted to double check if this is a good option or should I use my current valid L1-A.

  • 1 month later...

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