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sk8er
11-28-2010, 11:48 PM
Hi,
Can I enter the US on tourist visa for a few days after my company has filed for I-140 in the US . They have not filed it yet.

sbmallik
11-29-2010, 11:14 AM
Getting an I-140 petition filed on your behalf demonstrates your immigration intent which contradicts visitor / tourist visa requirement. I would ask my employer to hold off I-140 filing till I visit U.S.A.

sk8er
11-29-2010, 01:32 PM
Just want to understand what you are saying:

I enter the US. Send my employer my I-94 card and a US address and the employer files while I am in the US. Then what ? Do I leave the US ? What will happen when my I-485 time comes ? Do I enter on visitor again ( wont the immg officer's computer know that I filed for I-140 ; if I am denied admission wont that be a very big deal ? )

Isnt filing the I-140 the same for people who have applied in family immigration and enter US on visitor visa ?

sbmallik
11-29-2010, 03:12 PM
Ok let me try to understand your situation, you entered US and started working (??) for an employer and after sometime some employer (same employer ??) filed for Labor Certification (started the green card process). Later, you left the US but your labor certification got approved and now your employer want to file for I-140. Once the I-140 is filed on your behalf, you automatically demonstrate immigration intent. This makes you ineligible for visitor visa in principle (you may still get th visitor visa approved if you are lucky).

So if you want to visit USA now for a few days, ask your employer to hold off from filing I-140. They can file after you leave USA (on visitor visa). Also, for I-140 filing you don't need to be in the US.

In order to file I-485 you must be in the US with some valid visa. If your employer cannot arrange that, consular processing will be the only other option.

If you have any specific questions we (forum members) can try to provide answers.

By the way applicants through family immigration system do not go through I-140.

sk8er
11-29-2010, 06:37 PM
1. What if you have the visitor visa already ? Can you then visit the US and the I-140 can be filed in parallel ?

2. If the I-140 filing with the attorney and you being in the US "coincide" ( then can the attorney use that I-94 card and us address where you are temporarily staying ) to apply for I-485

2A. The temporary address wont be on the AR-11 would it ?

3. Once the I-485 is being filed and the reasoning in Point 2 is being used, then can I go the US to pick up the GC ( on visitor visa ? )

sbmallik
11-30-2010, 03:40 PM
If you have the visa approved I would ask you to travel before filing the I-140. Otherwise your admission could be denied at the port of entry. Yes you can file the I-140 in premium while you are in the US and later file I-485 provided your Priority Date is current. Before filing I-485 please read the instructions here (http://www.uscis.gov/files/form/i-485instr.pdf). Each time you change address in the US you are supposed to notify USCIS through AR-11 form. Also please note that I-485 application requires US residency (a short period of absence is ok). Otherwise consular processing (particularly if the priority date is current) is a viable option.

sk8er
11-30-2010, 04:42 PM
thanks for your help sbmallik. So after I-140 is filed can I enter the US

1. before its approval on tourist visa ?
2. after its approval on tourist visa and before filing CP (PD is a long way off ) ?
3. after filing CP on tourist visa ?

Lastly, it seems strange you cannot enter the US after I-140 is filed/approved even though your PD is a long way off. Is there a way to visit family and friends during this process ? What about for company work ? Can I my company file me for another visa type ?