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What will happen to my Tourist Visa?



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Aug 14, 2007 06:45 AM

What will happen to my Tourist Visa?

by jaiel

i would like to ask what would happen to my tourist multiple visa if an employer is willing to petition me for an immigrant visa, in case the filing will be started will i still be able to use my tourist visa to travel??? Thank you

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15 Comments
No. 1
from lawrence01
Old Aug 14, 2007, 09:41 AM
Updated Aug 14, 2007 at 11:03 PM by lawrence01

Default Re: What wll happen to my Tourist Visa?
If you are being petitioned via consular processing (CP) nothing will happen to your Visitor's Visa (it will not be canceled) and you have nothing to fear about. Many people w/ pending petitions (I-140s) for CP go in and out of the country all the time.

It is only when you choose to do Adj. of Status (AOS) that will result in your Visitor's Visa being canceled because you are literally adjusting from one status to another (green card). Filing of the I-485 (AOS) can only be done if the applicant is in the US and IF the Visa Category of the one being petitioned is "Current". Right now, nurses are under EB3 category and it hasn't been "Current" since Feb. 2005 but it did became "Current" for a short period of time just this July, 2007 (w/c was a mistake since it wasn't really meant to be really current) and I really don't think the EB3 category will be "Current" anytime soon. Only way, in my opinion that is, is if the nurse will again have a special category on it's own (Schedule A subcategory) via a legislation but until then it will be a long time before the EB3 category becomes "Current".

Just my humble opinion.
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No. 2
from Aquarian
Old Aug 16, 2007, 02:50 AM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by jaiel View Post
i would like to ask what would happen to my tourist multiple visa if an employer is willing to petition me for an immigrant visa, in case the filing will be started will i still be able to use my tourist visa to travel??? Thank you
Your tourist visa is valid until the expiration date. I just returned from a holiday in the East Coast. Nothing unusual happened despite the fact that I'm undergoing CP right now.
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No. 3
from royz23
Old Aug 17, 2007, 06:37 PM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by Aquarian View Post
Your tourist visa is valid until the expiration date. I just returned from a holiday in the East Coast. Nothing unusual happened despite the fact that I'm undergoing CP right now.
That's what i've been thinking too. cuz the whole family is planning for a xmas vacation this year, and if i file my i-140, i thought my tourist visa will be cancelled. well, i guess i have to file my i-140 now. thanks for the info
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No. 4
from croissant
Old Aug 18, 2007, 06:49 PM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by Aquarian View Post
Your tourist visa is valid until the expiration date. I just returned from a holiday in the East Coast. Nothing unusual happened despite the fact that I'm undergoing CP right now.

When is your priority date? what packet are you in now? thanks
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No. 5
from Silverdragon102
Old Aug 19, 2007, 04:04 AM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by croissant View Post
When is your priority date? what packet are you in now? thanks


Is there anything you are looking for specifically?
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No. 6
from croissant
Old Aug 19, 2007, 07:48 AM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by Silverdragon102 View Post


Is there anything you are looking for specifically?
I would like to know what stage is she/he when she went on vacation, it may affect my entry to the US? i am now being petitioned thru CP and my fam will be going there this christmas season, i'm afraid they might be tight with me.
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No. 7
from Silverdragon102
Old Aug 19, 2007, 08:08 AM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by croissant View Post
I would like to know what stage is she/he when she went on vacation, it may affect my entry to the US? i am now being petitioned thru CP and my fam will be going there this christmas season, i'm afraid they might be tight with me.
If you are going visiting and going through CP make sure you take plenty of proof that you do not plan on staying in the US but will be returning home. I have been to the US twice whilst my file is under CP and had no problems, I made sure I had proof of retruning and work information and that my visit was only for a few weeks
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No. 8
from royz23
Old Aug 19, 2007, 08:08 PM

Default Re: What wll happen to my Tourist Visa?
Originally Posted by Silverdragon102 View Post
If you are going visiting and going through CP make sure you take plenty of proof that you do not plan on staying in the US but will be returning home. I have been to the US twice whilst my file is under CP and had no problems, I made sure I had proof of retruning and work information and that my visit was only for a few weeks
Does the immigration know that your under CP when you enter the US or you tell them? How long did you stay for that 2 visit?
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No. 9
from suzanne4
Old Aug 19, 2007, 08:23 PM

Default Re: What wll happen to my Tourist Visa?
It is not a point of what they know or do not know, but the fact that you are entering the US; and they are getting quite picky with those that are entering. If you are coming for just a couple of weeks with your family, then there should not be any problem at all.

The CP process does not interfere with you in your travels. Just make sure that it does not look like you have a chance of remaining in the US.
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