F1 to EAD and H1 to EAD

S

sett

Registered Users (C)
Hi Gurus,

I need to travel to India on Dec ,I got the EAD , I am on H1 now , I dont want to change any job , ie I dont want to use the EAD ,I am having a valid h1 until 2009 , Can I go to india without AP ? Is it correct I will change the status only if I use the EAD but not just by applying it ?

My wife is in F1 status(student) , she got into USA by her own student visa , not as my dependant.I applied for EAD also , she got it , the same question does she requires a AP to travel to india , she didnt complete her master's degree still studying means she is still in F1 status .Does her status has beed changed from F1 to EAD after getting the EAD card?

Pls let me know your opinions .
 
sett said:
My wife is in F1 status(student) , she got into USA by her own student visa , not as my dependant.I applied for EAD also , she got it , the same question does she requires a AP to travel to india , she didnt complete her master's degree still studying means she is still in F1 status .Does her status has beed changed from F1 to EAD after getting the EAD card?
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She needs AP because she's filed an I-485. They won't let her back in on an F-1 visa after an I-485 has been filed, EAD or no EAD.
 
TheRealCanadian,

But she is not using her EAD , we applied just like that . According to you , she need a AP because she applied I485 correct ? Then I also applied for I485 , I also need a AP , even I also applied the EAD card just like that , I am not using it anyway as I am having valid visa untill 2009
 
sett said:
According to you , she need a AP because she applied I485 correct ?
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Yes. She has clearly demonstrated immigrant intent, and because of this cannot be readmitted to the US in F status.

Then I also applied for I485 , I also need a AP , even I also applied the EAD card just like that , I am not using it anyway as I am having valid visa untill 2009
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You do not require AP not because you have "a" valid visa, but because you have an H. If your wife had an H (or L) visa she would not need AP.

then how many days before she has to apply for AP ?
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Depends. When does she want to travel?
 
One more thing , if she want to apply for a H1 after her Master's with out using the EAD , is that OK ? or she has to be in the EAD status itself.She got the EAD on Oct 13th 2007 Received date.she will not complete her studies by OCT 12th 2008 , is it necessary to apply an EAD again , or as a general master student she will get a OPT card then she can file H1, is it possible now ?
 
suppose she want to travel on Jan 2008 , what is best time to apply for a AP ? after coming back to USA his F1 visa will no more valid correct ? She is not working any were , then also she can get the AP ?
 
sett said:
One more thing , if she want to apply for a H1 after her Master's with out using the EAD , is that OK?
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I'm at a loss why she'd want to dramatically reduce her employment prospects by requiring visa sponsorship when she can just use the EAD. If I was her employer I certainly wouldn't want to pay for an H1 if I didn't need to.

is it necessary to apply an EAD again , or as a general master student she will get a OPT card then she can file H1, is it possible now ?
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She doesn't need to renew the EAD unless she plans to work. It is not required for legal status.

suppose she want to travel on Jan 2008
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I'm unsure if she applied now she'd be able to get the AP in time. I'd postpone the trip.
 
For a safe side I am asking sir .

I filled my labour on 2007 Nov , I40 was approved 3 days back ,filled both I 485 I 767 on july 18th.In case my I 485 got rejected then if she is in the h1 status we can reaply with her h1 so I am asking all these.

"She doesn't need to renew the EAD unless she plans to work. It is not required for legal status."

Suppose she applied a AP and gon to india , after comming back from india what is her status ? is she still on F1 or as my dependant ?
 
sett said:
In case my I 485 got rejected then if she is in the h1 status we can reaply with her h1 so I am asking all these.
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That's a sensible reason - although with an approved I-140 I wouldn't be too worried about I-485 denial. It's important to note that if she returns on AP, she'll need to leave the US, get an H1 stamp and return if she wants to switch to H1.

Suppose she applied a AP and gon to india , after comming back from india what is her status? Is she still on F1 or as my dependant ?
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Neither, she'll be an adjustee based on her pending I-485.
 
If she travels to india with a AP with F1 status here , when she returns back is her F1 status will gon ? Is she able to attend the school with an adjustee based on her pending I-485?

If she gets her H1 by leaving the USA and get stamped , what about the I485 which we filled ? Is that valid ? or again we have to file anything other.

So the I guess the best thing is after compeleting the Masters , better do a job on EAD correct ?
 
sett said:
If she travels to india with a AP with F1 status here , when she returns back is her F1 status will gone?
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Yes.

Is she able to attend the school with an adjustee based on her pending I-485?
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Absolutely.

If she gets her H1 by leaving the USA and get stamped , what about the I485 which we filled ? Is that valid ?
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Yes, it will still be valid.

So the I guess the best thing is after compeleting the Masters , better do a job on EAD correct?
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It's certainly the simplest.
 
Thanks for your time and patience in answering my questions. I am new to this so I am having lot of doubts.

On more thing

The present EAD will expires on oct 2008 before that we have to go to india , I will apply AP for her in advance, she will not complete the Master's by Oct 2008 , it is necessary to get another EAD , so that she will be in status ? or not necessary ? As you told that she will be in djustee based on her pending I-485.
 
sett said:
TI will apply AP for her in advance, she will not complete the Master's by Oct 2008 , it is necessary to get another EAD , so that she will be in status ? or not necessary ?
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As I've mentioned, the EAD confers employment eligibility and nothing else. It is not required to remain in legal status; the I-485 does that.
 
Then after coming back from India , the i485 will take care of her status and by that she can attend the school and get the master's , if she want to go to the job then we have to apply for a EAD if the present one expires, if she dont want to do a job then there is no use for EAD. Again if she want to travel to india again she has to apply for AP before the travel, let me know If I am wrong any where.
 
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