F1/H1/EAD/AP Headache

L

lyrix

Registered Users (C)
Hi, you all, I know everyone is busy so I didn't want to start a new thread but I couldn't find answers after reading so many articles... sorry...

I am currently on my first 3year of H1, the I94 will expire in a few months. 140 approved, 485/EAD/AP just sent out to TSC for me and my wife, she's on her F1 now.

We are planning for travel. It seems I can use my AP or a new H1 petition once AP or the H1 extension (which hasn't been filled yet) is approved.

1. What can she use? Logically i'd prefer F1 since there will be a slight chance 485 is denied. What do you think?

2. Also when we get back she will need to continue her work (on campus only), if no way she'll keep the F1 status. does it mean she has to get EAD?
 
1. F1 cases with 485 pending are special. It is better to get AP (and EAD to continue at school) for such case. The reason is that F1 conflicts with 485. She has to wait till 485 receipt is received and a Ap Is received, before going out of USA

2. Yes get EAD.
 
Hi Jaxen

Any idea, after mailing how long it normally takes to get the receipt notice for AP in TSC...

My one is already over 1 week .. I think it is normal right...

I sent money order.. Any way of checking .. whether it is cashed or not...

There is no number in the money order to call.

This is my 2nd AP.

Thanks.
 
Hey, this is a magic board, next time I will ask when my 485 is going to be approved and hopefully get the approval the same day... :D

And thank you very much, Jaxen for spending time to answer my question. So that means basically there is no chance for her to get F1 again in US embassy in CHINA?

Can you help me understand

1. Is that true that I can use my H1 extension to reenter U.S.? My orginal visa only last for 6 months, without going to US embassy getting another one, I thought I can only use AP and change to 485 pending consequently?

2. Can I switch back and forth between H1 and 485 pending in US? Or I have to report to INS every time I do so?

Thank you!
 
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