I am really confused, please help

V

vscjj

New Member
My Story: F1, RA, Filed I-485 with my husband in Sept.

Questions: Is my status still F1?

If not F1, Does this mean I am out of status because I got paid as RA without an EAD?

If still F1 now, I plan to go abroad soon, heard form somewhere that using AP triggers F1's termination, is this true?

What is my status after I come back? Our lawyer suggests changing to H4, but he asks for a lot of money to do this and I think this is ridiculous. Any legal status for me?

Thank you very much.
 
After 485, you cannot be on F1 (immigration intent conflict). You should apply for AP and EAD ASAP. getting salary without EAD does not invalidate status but may be considered a violation.

With I485 receipt you can apply for EAD (I765) and AP (I131) your self. See INS website for these forms.
 
hi,

I have a similar situation. I want to file I140 and I485 concurrently but my wife is on F1. Can I file for I485 if she is on F1 or do I need to get her transferred to H4?

If so how long does H4 premium processing take?
And generally speaking how long does I140 take? - I am in California - San Jose.
 
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