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I-140 denied problem in the airport?

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  • I-140 denied problem in the airport?

    Hi guys,

    Im applying for green card through work and I found out 2 days ago that my I-140 was denied. My I-485 is still pending and my lawyer said I have 33 days to appeal it.

    My problem is that I was planning a trip out of the country next week and:


    1) Can port of entry deny my entrance because of I-140?

    2) My EAD expires 10 days before I come back to the U.S. I applied for a new one in december,so its been 85 days. Would my EAD get denied because of my 140?

    3) My lawyer has been saying its okay for me to leave the country and come back but I'm very insecure about it. Should I go?

    Thank you so much

  • #2
    From what I read: I-140 denial will lead to I-485 denial and your AOS EAD will no longer be valid.
    if there is not another I-140 petition to support the I-485 application, USCIS also will deny the concurrently filed I-485, because there no longer is an I-140 to support it
    If you have a valid H1 visa, then I think you can still use that to travel until it expires. But I'm no expert.
    Last edited by Enub4; 03-06-2020, 10:41 PM.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 112 - EAD delivered
    Day 195 - Letter for missing I-693
    Day 5xx - no news (retrogression)
    EAD Renewal: 2 approved in 24 days, 1 in 133 days

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    • #3
      Better safe than sorry. I would not leave the country with all this up in the air.

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