As a beneficiary applicant of I485, is my H1 still valid after using AP?

[creakling]

My husband and I filed I485 applications based on his approved employment-based immigrant petition. We both obtained Advance Parole (AP) travel documents. I learned from this forum that my husband’s H1 status is still valid after using AP. I am also a H1 holder. How about my H1 status if I use AP?

When my I485 was submitted I was in F1 status. Two months later, I changed F1 to H1 status without leaving U.S. and have not been out of this country ever since. Do I have any status violation in this process? Was my F1 status invalidated by I485 filing?

 

[mmed]

My husband and I filed I485 applications based on his approved employment-based immigrant petition. We both obtained Advance Parole (AP) travel documents. I learned from this forum that my husband’s H1 status is still valid after using AP. I am also a H1 holder. How about my H1 status if I use AP?

When my I485 was submitted I was in F1 status. Two months later, I changed F1 to H1 status without leaving U.S. and have not been out of this country ever since. Do I have any status violation in this process? Was my F1 status invalidated by I485 filing?

1- No status violation.
2- Your F1 is invalidated because you changed it to H. Filling I-485 by itself will not invalidate F1, usind EAD do.
3- There is different opinions regarding the effect of using AP on the H status. Some people say using AP invalidate H and others say not. my advice is to apply for AP as a backup, in the consulate overseas apply for H stamp, if you get it easy will and good if any delay could happen, then use the AP. In that case you should have EAD to be in the safe side. Or if you can avoid unnecessary travel will be better.

 

[TheRealCanadian]

There is different opinions regarding the effect of using AP on the H status. Some people say using AP invalidate H and others say not.

The Cronin Memorandum addressed this question over a half decade ago.