If my I-140 get approved while my B1/B2 visa is still valid, can I still use the visa to travel to the U.S. without worrying being rejected at home country leaving point or U.S. entry point?
To be specific, the B1/B2 visa for Chinese citizen is now valid for 10 years, if I hold such a visa but during the time I file an EW application and get my I140 approved, will this exposition of my immigration intent prevent me from traveling to the U.S. at all?
Yes there is a very real possibility the B-2 will not work. The B-2 requires nonimmigrant intent and the I-140 indicates immigrant intent so you would need strong proof you intend to return home and await your immigrant visa after traveling on a B-2 (not impossible but difficult).
While they will let you board your US-bound flight without any problem at the departure airport, upon your arrival in the USA, the Customs and Border Protection ("CBP") inspector there will have access to, and in all likelihood be able to see that you have an employer's I-140 Immigrant petition on your behalf approved, which denotes immigrant intent on your part and is incompatible with your B-1/B-2 visa admission request, which requires non-immigrant intent and intent on your part to depart the US upon the conclusion of your temporary visit.
You might still be able to convince the officer of the truly "temporary" nature of your visit this time, as well as of your intent to ultimately consular process for an immigrant visa at the US consulate in your home country, but that will prove to be difficult, if not impossible. I know of individuals who succeeded in this situation and were still admitted. The key is to plan and precisely strategize with a highly experienced immigration lawyer prior to your planned arrival in the US.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Possible since it would be a problem for you proving nonimmigrant intent with the immigrant petition approved with you as a beneficiary.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
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