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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 11-11-2007, 01:57 PM
Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
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Join Date: Feb 2007
Posts: 93
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Default AP and I-140

Friends, if we use AP and while in a foreign country, if we find out that I-140 is rejected, what are the implications? I understand that 140 rejection will invalidate AP as well but while we appeal the 140 rejection, can we use AP to re-enter the US?

Thanks.

GG_007
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  #2 (permalink)  
Old 11-11-2007, 08:38 PM
Senior Member
Priority Date
:
Dec-05
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Oct 2007
Posts: 1,318
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Default

Once your 140 is rejected, your 485/EAD/AP is automatically invalidated/denied. you will not be able to avail the benefits of ancillary petitions (ead/ap). Hence, in my opinion reentry is not possible. The only way to get into the country is thru your non-immigrant visa.

Quote:
Originally Posted by go_getter007 View Post
Friends, if we use AP and while in a foreign country, if we find out that I-140 is rejected, what are the implications? I understand that 140 rejection will invalidate AP as well but while we appeal the 140 rejection, can we use AP to re-enter the US?
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*** Not a legal advice, use at your own risk ***
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  #3 (permalink)  
Old 11-11-2007, 09:56 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
05/05/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
06/30/2007
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Join Date: May 2006
Posts: 1,300
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Default Be careful using your EAD/AP

until your I-140 is approved.

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