Please advise !! Travel on AP for person on F-1

N

Nihar V

New Member
Please Help !
My wife and I applied for I-485 few months back. I am on H-1B and she is on F-1. She recently graduated and is working on the 1-year OPT. Student visa stamp is till May. We have our EAD and AP authorizations. My wife intends to travel to India next month.

1. Can she travel using her AP ?
2. Besides AP, does she need any other document to enter the US ?
3. Will her F-1 visa cause any problems in her re-entry, since she has already graduated ?

Thanks in Advance.
- N
 
nihar

sorry i do not have info you are looking for but I thought you might answer some of questions that I have. I am on H1 and my wife is on F1. In few weeks we will be applying for 485, EAD and AP. I dont know when we would get EAD. Now, my wife has to graduate by the end of March 2002. Can she apply for 1-year OPT when she has EAD application pending with INS. Are EAD and OPT same? Can she have both OPT and EAD simultaneously? can she have gap between graduation and EAD/OPT start date? thanks for your time.
-ramesh
 
Travel on AP.

If your wife entered US on a F1 Visa then you may run into trouble at the POE if you use AP. If she came here on a H1/H4 and then changed her status to F1, she should be OK. Note the distinction between F1 status and F1 Visa. Hope this helps.
  Disclaimer: Follow the above advice at your own peril.
 
No Title

Travel on AP is fine. Your 485 application says that you are in status. From what I\'ve read before, once you apply for 485, your status is AOS which nullify\'s your F-1, unless you are on an H-1/H-4 or L-1/L-? status. Therefore, technically she is in AOS status if she does not have H-4 status, which is not a problem. An AP is your permit to re-enter while your 485 application is pending. So she can enter back without problems unless she has previously not maintained status / been out of status. Then they may not entertain the AP.
 
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