Questions regarding using AP by H-1B/F-1 holders?

[Robin2001]

Dear experts:
Currently I\'m in H-1B status, and my spouse in F-1 status. Our I-485s are pending. We need to go back to China in the coming holidays, and we have APs. My questions are:

1) In the airport, do we have to give out our I-94s? If yes, when we reenter US using AP, will the INS officer give us another I-94? (If they don\'t issue us another I-94, it means we lose the H-1B/F-1 status right?, wow, too confusion)
2) Using AP to reenter US, what else documents should I show besides the AP?
3) Could we still keep the H-1B/F-1 status?

Your input is very important and I appreciate it. --- Robin

 

[hello]

you have to give your I-94 at the airport

When you reenter USA, you\'ll need to show your AP to the inspector, and she will send you
to secondary inspection. There they will stamp your AP. You will also get a new I-94, but this time it will
say "allowed to stay indefinitely pending AOS". I did not show any other document to them, but
it is probably safer to carry I-485 receipt etc. The whole process was very easy. You can even stand
in the shorter queue for "residents" instead of "non immigrant visas" at the airport.

After this you are in "wating for AOS" status, but you can continue working using your H1B approval or
EAD. I\'m not sure how it works for F1.
My lawyer also told me that if I enter USA on H1B instead of AP, then I\'ll be in H1B status; but then I shall
not be able to use my EAD.
Hope this helps. But for real legal advice, check with your lawyer.

 

[Robin2001]

No Title

Really thanks for your helpful experience. You mean you can go out the airport by standing in \'permanent resident line\', or by standing in \'non immigration visas line\'. Either way is ok, right?

In addition, does anybody, who has F-1 status, have the experience of re-entering US with AP? i.e., Can he/she still keep his/her F-1 status? Thanks! ---Robin