O1 status and Advance Parole

A

Animalia

Registered Users (C)
Dear Gurus,

My I-140 was approved on 12/31/08 (see signature).

My status is O1 (valid till Nov 2010). O1 is not yet stamped. My wife's status F1(OPT) till June 2009. I will submit I-485 once I assemble all documents (within next few weeks). We are traveling to home country in June 2009 (i.e. the same month her OPT expires). Since her OPT is expiring and F1 is non-immigrant visa, we must get AP for her return to US. Once she returns, her status will be parolee and she will use EAD to work.

My situation is different. I am on O1 status which is dual intent status. I would like to get my O1 stamped and return to US on O1 visa. I do not want to use EAD and AP. Is it okay with USCIS if my wife uses AP but I do not use AP to return to US?

My question is: if my wife uses AP, do we both become parolee or only her status would be parolee? if she uses AP, does it affect my O1 status?

Thanks. I would appreicate answers.
 
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Animalia said:
Dear Gurus,

My I-140 was approved on 12/31/08 (see signature).

My status is O1 (valid till Nov 2010). O1 is not yet stamped. My wife's status F1(OPT) till June 2009. I will submit I-485 once I assemble all documents (within next few weeks). We are traveling to home country in June 2009 (i.e. the same month her OPT expirs). Since her OPT is expiring and F1 is non-immigrant visa, we must apply for AP to return to US. Once she returns, her status will be parolee and she will use EAD to work.

My situation is different. I am on O1 status which is dual intent status. I would like to get my O1 stamped and retrun to US on O1 visa. I do not want to use EAD and AP. Is it okay with USCIS if my wife uses AP but I do not use AP to return to US?

My question is: if my wife uses AP, do we both become parolee or only her status would be parolee?

Thanks. I would appreicate answers.
Click to expand...

If you apply for I485 you can not use any visa stamp other than H, L, V or K3/K4 (no O, F, J,…..etc) (I485 instructions page 9). If you are O, the only way for you to travel and to come back is to have valid AP issued before you leave the US and you have to use it for re-entry even if the O stamp is still valid. By applying for I485 you void this stamp and you can still working on the O if you did not travel (may be even after you return back using your AP, I am not sure if you can continue O status after return on AP). If not and traveled without AP, you will be considered abandoned your pending status and will not be admissible again. If you used your apparently valid O stamp to re-enter, the system will not allow you in and if due to any mistake you admitted by this O, this will create problems down the road. I think you solved your wife's situation.
The other rule is whatever the dependent (wife in your case) do (using EAD, AP or not) this will not affect the principal applicant by any way. The reverse is not true; if the principal applicant (you) did something which void the I485(using the O visa stamp to reenter and not the AP), all dependents will be affected (their EADs, APs …) will be void.
 
The problem is that many people seem to think that any "dual intent" status or "dual intent" visa automatically means that holders of such visas may travel without abandoning their I-485 applications.

In truth, the O-1 does happen to be a "dual intent" visa, as are L, H, K, and V visas. But from this list, USCIS only allows H, K, V, and L visa holders who have I-485 applications pending to travel abroad without having their applications deemed abandoned. This does not apply to O "dual intent" visas. So in short, "dual intent" does not automatically mean "no AP required".
 
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