help please

[xyk]

I am F-1 student, current dependent on my wife's adjustment of status.
I got AP, no EAD.
I am planing to go back to my home country to see my lovely son this summer. Just today, I talked to the immigration advisor of my university. She told me that once I reenter the US, my F-1 will be forfeighted, and I could not hold F-1 anymore. The only way I can get payment is under the EAD.
If that is true, I am afraid that I have to cancel the trip. Damn it!


Thanks in advance!

 

[user7]

I am afraid that could be true. Since F-1 is a pure non immigrant visa and once you applied for I-485 you cannot hold any non immigrant visa in conjunction to your AOS pending status. Only ones I know of that do not get invalidated after you apply for 485 are the H1 and L1 visas (and their dependants like H-4)

your best bet it to aply for an EAD, it does nto take much to fill in the forms etc. You can do it yourself. With EAD you'll have more flexibility also, unlike F-1 which is restricted to work on campus blah blah. This a a benefit for I-485 applicants why not take it.

For legal advice talk to a lawer.

 

[srohit]

Originally posted by xyk
...If that is true, I am...

Yes, this is true.

You can re-enter using AP but 'll have to wait until EAD approval to start working legally. Check with your lawyer before you leave.

thanks,