Considering returning back home. Questions about re-entry

Hey guys

I have my 140 approved and my PD is Sept 2013. I am hopeful about immigration reform but if nothing happens, I am really concerned about this super long wait and wondering if its worth the wait. With no reform, I can expect another 4-5 years + 5 years for citizenship. I am just thinking out aloud and not making any decisions soon.

Assuming I go back home and give up my GC and 140, I had questions around re-entry later. Given I have already shown immigrant intent by filing my I140, I was wondering if this will affect chances of re-entry via B1/B2 visa. What would be the necessary steps to take to improve my chances to re-enter again without visa being denied? (I understand filing 140 itself puts me at a risk of non-immigrant visa being denied)

Again I am not taking any decisions right now, just doing my due diligence.

Thanks

axecapone - your concern is valid and so whatever decision you make - i wish you the best.

Do not worry about intent to immigrate at this stage. Once you were already issued a dual purpose visa (such as H1) - then after that it doesn't matter IMHO.

I wouldn't worry a bit about ability to obtain future B1/B2 or any other US visas if I were you.

Quote:

---

Originally Posted by axecapone

Hey guys

I have my 140 approved and my PD is Sept 2013. I am hopeful about immigration reform but if nothing happens, I am really concerned about this super long wait and wondering if its worth the wait. With no reform, I can expect another 4-5 years + 5 years for citizenship. I am just thinking out aloud and not making any decisions soon.

Assuming I go back home and give up my GC and 140, I had questions around re-entry later. Given I have already shown immigrant intent by filing my I140, I was wondering if this will affect chances of re-entry via B1/B2 visa. What would be the necessary steps to take to improve my chances to re-enter again without visa being denied? (I understand filing 140 itself puts me at a risk of non-immigrant visa being denied)

Again I am not taking any decisions right now, just doing my due diligence.

Thanks

---

Quote:

---

Originally Posted by qesehmk

axecapone - your concern is valid and so whatever decision you make - i wish you the best.

Do not worry about intent to immigrate at this stage. Once you were already issued a dual purpose visa (such as H1) - then after that it doesn't matter IMHO.

I wouldn't worry a bit about ability to obtain future B1/B2 or any other US visas if I were you.

---

Thanks for your response, qesehmk

Giving up my GC now would mean giving up on any chance of re-applying for GC ever again. The reason I am asking specifically about B1/B2 visa is because I may want to visit the United States for business purposes.

I have been reading articles online which seem to indicate that applying for 140 is indicating immigrant intent which contradicts with B1/B2 non-immigrant intent requirements and so unless you prove strong ties back home, the visa is likely to be denied. Once you file your 485, things get even more complicated.

H1B indicates dual intent but it does not say for sure that I have immigrant intent. 140 says I do. Given all this, I am curious to know why you think it would not be a problem.

Quote:

---

Originally Posted by axecapone

Given all this, I am curious to know why you think it would not be a problem.

---

IMHO the rationale is that you already were given the opportunity once and you didn't take it.

If you are too concerned about the immigrant intent, cancel/withdraw I-140. This will make your intent very clear that you don't intend to migrate despite having an approved I-140.