Non immigrant visa when I-140 filed

suzanne4, RN · Jul 28, 2006

I-140 is for the immigrant visa, for a nurse that is what you are applying for.

And yes, you can only have one application in to immigration, it is illegal to file both, and is grounds for having both immediately denied.

Ince a hospital has filed on your behalf, you cannot do another thing with visa for the US in any form.

If you are from a EU country, and are covered under the visa waiver program, then there is no issue as a visa is not required. But nothing where you actually need a visa stamped in your passport.

Mike_RN · Jul 29, 2006

Thanks Suzzane!

I have valid B1/B2 visa till September - can I travel to the USA after I-140 has been filed?

I presume the visa is still valid.

suzanne4, RN · Jul 29, 2006

As long as you still have a valid visa, but you cannot apply for one while your petition is under consideration.

agp_ph · Aug 1, 2006

Thanks Suzzane!
I have valid B1/B2 visa till September - can I travel to the USA after I-140 has been filed?
I presume the visa is still valid.

You still have a valid tourist visa but be aware though that once you are at a port of entry in the US and the immigration officer finds out that you have a pending I-140 petition, you may be denied entry and will be asked to return to your country and wait for your immigrant visa. this is what they call "dual intent". That means you will just be wasting your money(airfare) if you are denied entry.

suzanne4, RN · Aug 1, 2006

I have not seen anyone denied, it is done all of the time.

Just one more rumor from Manila. They only time that you are refused entry is if your name shows up because of something else, not because of a pending I-140. Lets get realistic here.

Silverdragon102, BSN · Aug 1, 2006

I have visited the US twice with a pending I140 and had no problems