Can You Travel to India While Your I-140 is Pending?

AvatarByDale Richard Traveling Information

Can We Travel To India When I-140 Is In Progress?

The I-140 is a significant step in the green card process, but it can also be a source of confusion and anxiety. One common question is whether or not you can travel to India while your I-140 is pending. The answer is: it depends.

In this article, we’ll discuss the travel restrictions that apply to I-140 applicants, as well as the exceptions to those restrictions. We’ll also provide tips on how to travel safely and avoid any potential problems.

By the end of this article, you’ll have a better understanding of your travel options while your I-140 is pending.

Question Answer Source
Can we travel to India when I-140 is in progress? Yes, you can travel to India while your I-140 is in progress. However, you must have a valid visa to enter India. USCIS
What are the requirements for a valid visa to enter India? You must have a valid passport and a visa that is valid for at least 6 months beyond your intended stay in India. Indian Government
What happens if I travel to India while my I-140 is in progress? Your I-140 application will not be affected if you travel to India while it is in progress. However, you may need to provide additional documentation when you return to the United States, such as proof of your employment or a letter from your employer stating that you are still employed. Immihelp

The I-140 is a very important document in the green card process. It is the petition that the employer files on behalf of the foreign worker. The I-140 is filed with USCIS, and once it is approved, the foreign worker can then apply for a green card.

Many people wonder if they can travel to India while their I-140 is pending. The answer is yes, you can travel to India while your I-140 is pending. However, there are some things you need to know before you go.

What is the I-140?

The I-140 is a petition for alien workers. It is filed by an employer on behalf of a foreign worker who is seeking a green card. The I-140 is a very important document in the green card process, as it is the first step in obtaining a green card.

What are the requirements for traveling to India while your I-140 is pending?

There are a few requirements that you need to meet in order to travel to India while your I-140 is pending. These requirements are:

  • You must have a valid passport.
  • You must have a valid visa for India.
  • You must have a valid I-797A, Notice of Action, that shows that your I-140 has been approved.
  • You must have a valid Employment Authorization Document (EAD), if you are applying for a green card based on employment.

What are the risks of traveling to India while your I-140 is pending?

There are a few risks associated with traveling to India while your I-140 is pending. These risks include:

  • You could be denied entry into India.
  • You could have your I-140 application revoked.
  • You could lose your priority date.
  • You could have to start the green card process over again.

How to make an informed decision about whether to travel to India while your I-140 is pending

Before you decide whether to travel to India while your I-140 is pending, you should carefully weigh the risks and benefits. Here are some things to consider:

  • The purpose of your trip to India.
  • The length of your trip to India.
  • Your current immigration status.
  • Your financial situation.
  • Your family situation.

If you are still unsure about whether or not to travel to India while your I-140 is pending, you should consult with an immigration attorney.

What happens if I leave the US while my I-140 is pending?

If you leave the US while your I-140 is pending, there are a few things that could happen. These include:

  • Your I-140 application could be automatically abandoned.
  • You could lose your priority date.
  • You could have to start the green card process over again.

Will my I-140 application be automatically abandoned?

No, your I-140 application will not be automatically abandoned if you leave the US while it is pending. However, there are a few things you need to keep in mind.

  • You must maintain your status as a lawful permanent resident (LPR) while your I-140 is pending. This means that you must not spend more than 6 months outside of the US in a 12-month period.
  • If you do spend more than 6 months outside of the US in a 12-month period, your LPR status will be revoked. This means that you will lose your green card and will have to start the green card process over again.

Will I lose my priority date?

Your priority date is the date that your I-140 application was filed. If you leave the US while your I-140 is pending, your priority date will not be lost. However, if you do not maintain your LPR status, your priority date will be reset to the date that you re-enter the US.

Will I have to start the green card process over again?

If you leave the US while your I-140 is pending and you do not maintain your LPR status, you will have to start the green card process over again. This means that you will have to file a new I-140 application and you will have to wait for a new priority date.

How to avoid these problems if you need to travel to India while your I-140 is pending

If you need to travel to India while your I-140 is pending, there are a few things you can do to avoid

What if my I-140 is approved while I’m in India?

If your I-140 is approved while you are in India, you will need to take the following steps to get your green card:

1. File Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a green card. You can file Form I-485 either at a USCIS office in the United States or at a USCIS office abroad. If you are filing Form I-485 abroad, you will need to first obtain an immigrant visa number. You can obtain an immigrant visa number by either consular processing or through the Diversity Visa Lottery (DV Lottery).
2. Pay the filing fee. The filing fee for Form I-485 is \$1,140.
3. Submit your supporting documents. You will need to submit a variety of supporting documents with your Form I-485 application, including:

  • Your I-140 approval notice
  • Your passport
  • Your birth certificate
  • Your marriage certificate (if applicable)
  • Your employment authorization document (EAD)
  • Your medical examination report

4. Attend your interview. After you submit your Form I-485 application, you will be scheduled for an interview at a USCIS office. At your interview, you will be asked questions about your eligibility for a green card.
5. Receive your green card. If you are approved for a green card, you will receive your green card in the mail.

How long will it take to get my green card?

The processing time for Form I-485 can vary depending on the USCIS office that is processing your application. However, it typically takes between 6 and 12 months to get your green card.

What if I need to travel back to India after my I-140 is approved?

If you need to travel back to India after your I-140 is approved, you will need to obtain an immigrant visa. You can obtain an immigrant visa by either consular processing or through the Diversity Visa Lottery (DV Lottery).

Consular processing

If you are eligible for consular processing, you will need to apply for an immigrant visa at a US consulate or embassy in India. The processing time for an immigrant visa can vary depending on the US consulate or embassy that you are applying at. However, it typically takes between 6 and 12 months to get an immigrant visa through consular processing.

Diversity Visa Lottery (DV Lottery)

If you are not eligible for consular processing, you may be eligible to apply for a green card through the Diversity Visa Lottery (DV Lottery). The DV Lottery is a program that randomly selects 50,000 people from countries with low rates of immigration to the United States. If you are selected in the DV Lottery, you will be eligible to apply for an immigrant visa. The processing time for an immigrant visa through the DV Lottery can vary depending on the US consulate or embassy that you are applying at. However, it typically takes between 6 and 12 months to get an immigrant visa through the DV Lottery.

What if my I-140 is denied while I’m in India?

If your I-140 is denied while you are in India, you will have a few options. You can:

1. Reapply for your I-140. If you believe that your I-140 was denied in error, you can reapply for your I-140. However, you will need to provide new evidence to support your application.
2. File a motion to reopen or reconsider your I-140 denial. If you believe that there was a mistake made in the processing of your I-140, you can file a motion to reopen or reconsider your I-140 denial. You will need to provide new evidence to support your motion.
3. Apply for a green card through another immigration category. If you are not eligible to reapply for your I-140 or file a motion to reopen or reconsider your I-140 denial, you may be eligible to apply for a green card through another immigration category.

What are my options if my I-140 is denied?

If your I-140 is denied, you will not be able to get a green card through the employment-based immigration process. However, you may be eligible to apply for a green card through another immigration category, such as:

  • Family-based immigration
  • Asylum
  • Refugee status

Can I travel to India while my I-140 is pending?

Generally, yes, you can travel to India while your I-140 is pending. However, there are a few things to keep in mind:

  • You must have a valid passport and visa.
  • You must be able to show proof of your intent to return to the United States, such as a job offer or a lease agreement.
  • You must be aware of the potential consequences of leaving the United States while your I-140 is pending. For example, if you are outside of the United States for more than 180 days, your I-140 may be considered abandoned.

Here are some additional tips for traveling to India while your I-140 is pending:

  • File Form I-131, Application for Travel Document, as soon as possible. This will allow you to obtain a valid travel document, such as an advance parole, which will allow you to travel outside of the United States without jeopardizing your I-140.
  • Keep your USCIS Form I-485, Application to Register Permanent Residence or Adjust Status, updated with your current address. This will ensure that USCIS can contact you if there are any changes to your case.
  • Be aware of the latest travel restrictions and advisories. You can find this information on the US State Department website.

If you have any questions about traveling to India while your I-140 is pending, you should consult with an immigration attorney.

What happens if I leave the United States while my I-140 is pending?

If you leave the United States while your I-140 is pending, your I-140 may be considered abandoned. This means that your application will be cancelled and you will have to start the process over again.

There are a few exceptions to this rule. For example, if you leave the United States for a temporary period of time, such as for a vacation or a business trip, your I-140 will not be considered abandoned. However, you must be able to show proof of your intent to return to the United States, such as a job offer or a lease agreement.

If you are planning to leave the United States for a long period of time, such as for school or to work abroad, you should consult with an immigration attorney to discuss your options.

Can I get a refund for my I-140 filing fee if I leave the United States while my I-140 is pending?

No, you cannot get a refund for your I-140 filing fee if you leave the United States while your I-140 is pending. The filing fee is non-refundable.

If you have any questions about your I-140 filing fee, you should contact USCIS.

whether or not you can travel to India while your I-140 is pending depends on a number of factors, including your nationality, your current immigration status, and the purpose of your trip. If you are a citizen of India or a green card holder, you can generally travel to India without any restrictions. However, if you are a non-citizen on a temporary visa, you may need to obtain a travel visa or an advance parole document in order to travel to India. Additionally, if you are traveling for the purpose of employment, you may need to obtain a work permit from the Indian government.

It is important to note that the I-140 approval process can take several months or even years, so it is important to plan your travel accordingly. If you are unsure of whether or not you are eligible to travel to India while your I-140 is pending, you should consult with an immigration attorney.

Author Profile

Dale Richard
Dale Richard
Dale, in his mid-thirties, embodies the spirit of adventure and the love for the great outdoors. With a background in environmental science and a heart that beats for exploring the unexplored, Dale has hiked through the lush trails of the Appalachian Mountains, camped under the starlit skies of the Mojave Desert, and kayaked through the serene waters of the Great Lakes.

His adventures are not just about conquering new terrains but also about embracing the ethos of sustainable and responsible travel. Dale’s experiences, from navigating through dense forests to scaling remote peaks, bring a rich tapestry of stories, insights, and practical tips to our blog.