ReEntry with EAD and F-1 while I-130 Pending

[Radni]

I am asking this for a friend. KC is on F-1 with multiple entry and validity upto 2006. He finished his postgraduate studies and also has been issued EAD , so he is under OPT period till August 2005. KC still does not have a job at present.
KC got married to a girl with Greencard in Nov., 2003 and his spouse filed I-130 for him in January 2004, which is still pending a decision. Meantime KC wants to travel to India for 4 months and 3 weeks .
What problems can he face at the POE on his return to US? Can he be denied entry in to US just because his wife has filed a petition I-130 for him ?
What steps can he take or documents he can carry to strengthen his case for reentry at the POE?

[jaxen]

Your friend should file concurrent 485, EAD and AP to avoid any problems. Should undertake travel only after receiving AP.
PS:- next time please give the link to the relevant thread in the PM.

[TheWho]

Jaxen,


Can one file I-130 and I-485 (EAD, AP) concurrently? Will that make any difference in processing time?

Thanks,
TheWho

[great guru]

Consider following for your friend's case:
1. F1, Studies are over now and he is on OPT, opt is a previlage and not a right to stay in USA. OPT candidates must not travel outside USA. More chances for POE denial.
2. Since he filed I-130, F1 /OPT will get rejectd immediately because of immigrant intention. (Most of the cases)
3. His wife is green card holder not a Citizen, so wait time is couple of years, AOS (I485) can not be done until the priority date is current.

Good Luck