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I-485 applied - wife currently on F1 -- visiting India - Any problem in reentry?
- Thread starter atangut
- Start date
jambalakadi1
Registered Users (C)
i think ur wife no longer has f1 status since her 485 is applied. F1 visa is not a dual intent as H visas.
few chats sessions relating to f1 with aos from attorney murthy
Chat User : My wife has an H-4 to F-1 change of status pending. How do I go about filling for my wife's I-485 in July?
Attorney Murthy : A person on H-4 status is allowed to enjoy dual intent, but not a person on F-1 status. Basically, upon filing the I-485, the person loses the F-1 status altogether. So before a decision is made on the F-1, the person is considered to be on H-4 status, especially if the I-94 card for the H-4 status has not yet expired. If the H-4 status has expired, then one must show the filing of the COS to F-1 to show maintenance of lawful, nonimmigrant status in order for the I-485 filing to be approved down the road.
Chat User : Is it legal to work on CPT (F-1) with I-485 pending? What are the legal options until the EAD is approved? Can one work unpaid to retain the job?
Attorney Murthy : There is no dual status allowed while one is on F-1 and files the I-485 AOS application. This is unlike the H1B and L-1 and their dependents that enjoy the benefit of the dual intent doctrine. There are potential risks in working even unpaid since presumably, there is some form of compensation possible in such cases.
Chat User : If one is filing for I-485 and has an approved I-140 and the spouse is on an F-1 visa instead of H-4, would there be any problem because of the visa being F-1 and not H-4?
Attorney Murthy : Generally, it is not a problem as long as dependent family members are maintaining their valid, legal status in the U.S. If they are not doing that, then it is a big problem. There is no dual intent recognized for F-1, so upon filing the I-485, the person cannot enjoy any incidental benefits of the F-1 status since they are lost immediately, unlike with the H1B or H-4 or the L-1 or L-2 status holders.
few chats sessions relating to f1 with aos from attorney murthy
Chat User : My wife has an H-4 to F-1 change of status pending. How do I go about filling for my wife's I-485 in July?
Attorney Murthy : A person on H-4 status is allowed to enjoy dual intent, but not a person on F-1 status. Basically, upon filing the I-485, the person loses the F-1 status altogether. So before a decision is made on the F-1, the person is considered to be on H-4 status, especially if the I-94 card for the H-4 status has not yet expired. If the H-4 status has expired, then one must show the filing of the COS to F-1 to show maintenance of lawful, nonimmigrant status in order for the I-485 filing to be approved down the road.
Chat User : Is it legal to work on CPT (F-1) with I-485 pending? What are the legal options until the EAD is approved? Can one work unpaid to retain the job?
Attorney Murthy : There is no dual status allowed while one is on F-1 and files the I-485 AOS application. This is unlike the H1B and L-1 and their dependents that enjoy the benefit of the dual intent doctrine. There are potential risks in working even unpaid since presumably, there is some form of compensation possible in such cases.
Chat User : If one is filing for I-485 and has an approved I-140 and the spouse is on an F-1 visa instead of H-4, would there be any problem because of the visa being F-1 and not H-4?
Attorney Murthy : Generally, it is not a problem as long as dependent family members are maintaining their valid, legal status in the U.S. If they are not doing that, then it is a big problem. There is no dual intent recognized for F-1, so upon filing the I-485, the person cannot enjoy any incidental benefits of the F-1 status since they are lost immediately, unlike with the H1B or H-4 or the L-1 or L-2 status holders.
TheRealCanadian
Volunteer Moderator
I am on H1B and my wife is on F1. I have filed for I-485 for both my self and my wife. We are going to India for a visit. Can my wife re-enter US on her F1 status?
No. She needs AP.
Thanks for your replies..
what is AP?
----------AP= Advance Parole that one apply with form I-131 based on Pending I-485. if one need to use AP then AP must be filed when person is in US and need to be approved Before the person go out of US
Looks like her F1 status does not hold good any more.. so can she apply for H4 ?
---------------she can get H4 visa stamp if you are on H1 status
I need to revalidate my H1B stamping while returning from India trip - can we both apply together for visa at a consulate in Inida?
-----------------YES, she can apply H4 with you if any risk of Visa rejection then go with Valid AP in hand so that she can use AP to reenter US
--------------------------- to apply AP one need I-485 filing reciept, form I-131, fee,2 photo and it takes 3-4 months for AP approval.
Leaving on TN and coming back on H1 while AOS pending
Hi
I am Canadian Citizen currently working on TN(Expires on Sept-30-2007)
I have an approved H1 which will be effective from Oct-01-2007, the approval did not have I-94, so I need to travel to Canada to get new I-94
I have applied for AOS last week, would it be ok for me to travel to Canada mid- Sept'07 on TN and come back in H1 status on Oct-1-2007. Or would my AOS application be automatically considered abandoned?
The reason for my posting on this thread is my perception that like F1, TN is purely non-immigrant intent and the last posting on this thread seem to indicate that F1 individual can leave the country and enter back in H4 status based on spouse H1 status while AOS is pending.
Does it apply to my situation.
Please advice.
Thanks in advance,
Hi
I am Canadian Citizen currently working on TN(Expires on Sept-30-2007)
I have an approved H1 which will be effective from Oct-01-2007, the approval did not have I-94, so I need to travel to Canada to get new I-94
I have applied for AOS last week, would it be ok for me to travel to Canada mid- Sept'07 on TN and come back in H1 status on Oct-1-2007. Or would my AOS application be automatically considered abandoned?
The reason for my posting on this thread is my perception that like F1, TN is purely non-immigrant intent and the last posting on this thread seem to indicate that F1 individual can leave the country and enter back in H4 status based on spouse H1 status while AOS is pending.
Does it apply to my situation.
Please advice.
Thanks in advance,
Last edited by a moderator:
sandeep2453
Registered Users (C)
you need to have an AP unless you are on H, L or K visas to depart US or else your AOS will be considered abandoned.
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
I have applied for AOS last week, would it be ok for me to travel to Canada mid- Sept'07 on TN and come back in H1 status on Oct-1-2007. Or would my AOS application be automatically considered abandoned?
If you're re-entering on the H, you'll be fine.