[Silly Question] What does AP document look like?

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princesskate

Registered Users (C)
(Just out of curiosity) Does it look like an EAD card or just a sheet of paper??? :rolleyes:

I'm still hesitating if I should apply for the AP - some of you might remember I had my AOS interview this month already but pending for FBI background check, while my F-1 visa expired in 10/05. I had my I-485 filed in 08/05 though. I wonder if the officer would question about the overstaying issue when I come back to US with AP...
 
It is just a piece of paper with your picture on the bottom. The ones from the service centers have the picture as part of the paper, and I understand the ones from the DO just have the picture glued to the paper.
 
princesskate said:
(Just out of curiosity) Does it look like an EAD card or just a sheet of paper??? :rolleyes:

I'm still hesitating if I should apply for the AP - some of you might remember I had my AOS interview this month already but pending for FBI background check, while my F-1 visa expired in 10/05. I had my I-485 filed in 08/05 though. I wonder if the officer would question about the overstaying issue when I come back to US with AP...
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Think Twice before leaving US w/out GC, if you have overstayed your visa. As this can put 3/10 yr bar on you.
Hope this helps
 
Hi guys:

Thanks for the replies.

The main issue here is I'm not sure if I'm defined as "overstaying" or not since I was having a valid status when I applied for AOS.
 
If your status was legal when you filed for adjustment of status, you're not considered as having overstayed your visa.

You said your F-1 expired on 10/05 but you'd filed for adjustment on 08/05, which means that you never overstayed, and you're OK to leave the country on AP and get back :)
 
princesskate said:
while my F-1 visa expired in 10/05. I had my I-485 filed in 08/05 though.
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When your F1 expired, your status changed from F1 to "I-485 pending status". You have not overstayed, or accumulated any illegal presence. You can still use your AP to travel.
 
Hi All,

Now that I am reading this post , i have my own questions about my visa status. I was on F-1 visa (OPT) which expired in 08.2005, however my lawyer applied for H-1b in May itself(i.e before expiring my OPT).My H-1 was approved in Sep 2005 (which I was in 60 days grace period then)and I applied my AOS in Nov 2005(FBI name check pendng).

So this means I overstayed my F-1 visa when i was waiting for my H-1 visa?
or Is it Ok as my H-1 has ND of May 2005?.

Thank you
 
curiousGeorge said:
When your F1 expired, your status changed from F1 to "I-485 pending status". You have not overstayed, or accumulated any illegal presence. You can still use your AP to travel.
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Actually to be meticulous, her status switched to pending AOS when she filed the I-485, that is 2 months before :)
 
princesskate said:
(Just out of curiosity) Does it look like an EAD card or just a sheet of paper??? :rolleyes:

I'm still hesitating if I should apply for the AP - some of you might remember I had my AOS interview this month already but pending for FBI background check, while my F-1 visa expired in 10/05. I had my I-485 filed in 08/05 though. I wonder if the officer would question about the overstaying issue when I come back to US with AP...
Click to expand...

FYI... see attached file.
 
Pinturicchio said:
Actually to be meticulous, her status switched to pending AOS when she filed the I-485, that is 2 months before :)
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Incorrect. Applicants that apply for I-485 while on a visa that does not allow for dual intent like an F1, TN, or a B2 continue to have thier original status until either (a) the person's I-94 expires, (b) the person uses thier EAD to work, (c) the person uses thier AP to enter the United States, or (d) the I-485 is approved, whichever happens first. If the status is valid at the time that the I-485 is filed, it will continue to be valid until one of the 4 situations listed occurs. You may be correct in saying that the visa is no longer valid when the I-485 is filed, (for the purposes of re-entering the United States at least), but the status continues to be valid until A or B or C or D occur.

This is what happened to me when I adjusted from a TN which is very simlar to an F1 when it comes to filing an I-485.
 
curiousGeorge said:
Incorrect. Applicants that apply for I-485 while on a visa that does not allow for dual intent like an F1, TN, or a B2 continue to have thier original status until either (a) the person's I-94 expires, (b) the person uses thier EAD to work, (c) the person uses thier AP to enter the United States, or (d) the I-485 is approved, whichever happens first. If the status is valid at the time that the I-485 is filed, it will continue to be valid until one of the 4 situations listed occurs. You may be correct in saying that the visa is no longer valid when the I-485 is filed, (for the purposes of re-entering the United States at least), but the status continues to be valid until A or B or C or D occur.

This is what happened to me when I adjusted from a TN which is very simlar to an F1 when it comes to filing an I-485.
Click to expand...

I'm so confused. :( So am I in a valid or invalid status now??????
 
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