Guys: I have an urgent question. I applied I-140 under EB1A when I was on F-1. Then I joined a company on H-1B. Then I140 approved and I applied for I485. Afterwards, I used AP once, and applied EAD twice but never used EAD. Now, I am going to transfer to another company, 1)I wonder whether I can still transfer my H1b to the new company? 2) my wife is F-1 and working on OPT employment card, if she use AP in the future, can she still maintain her F-1? thank you millions for help!
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Please help:H1B transfer after using AP
- Thread starter i486i486
- Start date
This is a hard one. Definitely talk to a lawyer.
If you used an AP, it means that you needed to be paroled into the United States. Some smart-ass will interpret that as your H1B having been invalidated.
A clever attorney might make a case that AP was used in error, but H1B remained valid. (Technically AP is NOT a visa, so its use cannot automatically be considered abandonment of an earlier visa...but the current climate is bad...)
Same story... your wife's F1. Avoidable.
If you used an AP, it means that you needed to be paroled into the United States. Some smart-ass will interpret that as your H1B having been invalidated.
A clever attorney might make a case that AP was used in error, but H1B remained valid. (Technically AP is NOT a visa, so its use cannot automatically be considered abandonment of an earlier visa...but the current climate is bad...)
Same story... your wife's F1. Avoidable.
I understand from duke's recent post on a separate thread that you can maintain F1 while having filed for AOS. I do not understand either the implication or the need for AP for a F1 holder if duke is right.
My understanding, prior to duke's post, was that F1 would be invalidated (re Murthy) if AP used. I now do not know what the deal should be if EAD is used. I am suggesting you consult a lawyer due to all this confusion.
My understanding, prior to duke's post, was that F1 would be invalidated (re Murthy) if AP used. I now do not know what the deal should be if EAD is used. I am suggesting you consult a lawyer due to all this confusion.
duke_of_ca
Registered Users (C)
Hi there,
If your wife tries to use AP at the port, definitely she will lose her F-1 status.
Note that status and visa are different concepts. Visa is for the entrance (attached with allowed entrance number) and status for the stay (attached with duration). Filing I-485 while maintaining I-485 is allowed. But when you tries to get visa or extend your F-1 status, BCIS will definitely not respond to it.
If your wife uses the combo of EAD and AP, though the F-1 status is invalidated automatically, your wife's legal status will remain as AOS pending status.
duke
If your wife tries to use AP at the port, definitely she will lose her F-1 status.
Note that status and visa are different concepts. Visa is for the entrance (attached with allowed entrance number) and status for the stay (attached with duration). Filing I-485 while maintaining I-485 is allowed. But when you tries to get visa or extend your F-1 status, BCIS will definitely not respond to it.
If your wife uses the combo of EAD and AP, though the F-1 status is invalidated automatically, your wife's legal status will remain as AOS pending status.
duke
duke_of_ca
Registered Users (C)
Sorry, my last post just meets part of Niladr's questions.
Once the F-1/AOS applicant uses his EAD( from AOS benefit), definitly the applicant will lose the F-1 status. Because the law (see my another newly thread) just states that ONLY filing I485 will not violate the visa terms. The use of EAD will be deemed as a violation besides filing I-485. Different from the confusion about the status, this point is very clear in the cycle of law practitioners.
Hope this is hopeful to you.
I hope that our discussion will benefit others in this forum. It will be better if SM will attach our discussion to my last thread (the title will be easier for ppl to sort out).
Duke
Once the F-1/AOS applicant uses his EAD( from AOS benefit), definitly the applicant will lose the F-1 status. Because the law (see my another newly thread) just states that ONLY filing I485 will not violate the visa terms. The use of EAD will be deemed as a violation besides filing I-485. Different from the confusion about the status, this point is very clear in the cycle of law practitioners.
Hope this is hopeful to you.
I hope that our discussion will benefit others in this forum. It will be better if SM will attach our discussion to my last thread (the title will be easier for ppl to sort out).
Duke