Confused question for working with OPT and travelling with AP

D

dvdhe

Registered Users (C)
Hi, all friends,

I have a confused question about using Advanced Parole (AP) to return USA and hope to get your suggestions ASAP:

I submitted I-140 and I-485 together last October, and I-140 was approved during my work using OPT. After that, I applied EAD based on I-485 pending. But during the waiting time for EAD, I have to use my OPT to keep work. But I have heard that whenever you submit I-485, your F-1 student status will not be valid any more (then the OPT is also invalid), thus, I am not sure whether I have a period of "Unauthorized Work" (Thus cause the "Out of Status"). If that is true, then when I go out of US and return using Advanced Parole, the border immigration officer will deny the entry due to the above "Unauthorized Work". Is that true? Any friend has such or similar situation but have used AP to return safely, please tell me your experience (The more recent case, the better). Or if the border immigration officer challenge this issue, how to argue that?

Thanks a lot and have a nice day!
 
Yes you have accumulated some unauthorized work. Fortunately the pending 485 protects your status. If your F1 was valid till 485, your status is not affected.
If you dont volunteer about your work authorization (nowadays AP comes with a small slip that lists all the receipt numbers of petitions pending - and a barcode that brings up that info ) status you should not face any problem while entering US on AP.

Only people who have accumulated out of status time (even though seeking protection under 245(i)), are taking a huge risk by travelling in AP.
 
What is you mean about "volunteer about your work authorization status"?

Dear Jaxen,
Thanks for your reply!
I have been a full-time F-1 student all the time before and after I-485 submission. Here I am still not clear what you mean about "volunteer about your work authorization status". Can you explain a little bit for me? Currently I am still waiting for the I-485 based EAD and have to continue working on my OPT. I will use EAD whenever I get it even my OPT still has enough time before expiration. I know if inside US, I can appeal that it is due to the INS processing time, my only concern is how can I argue at the entry port. By the way, whether I have accumulated any out of status time? (From your opinion, I have never been out of status, right?)

Thanks again for your help and hope to get more clear idea soon!
 
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