Travel on AP while on F1 visa

[Immihelp4GC]

Dear Gurus,
Your valuable suggestions are needed and appreciated.
I came to US on H4 visa and then applied for my masters, got my F1 visa stamped from Mexico in year 2003. I recently applied my adjustment of Status(I485) as a derivative adjustment. I am planning to travel overseas next month. My AP & EAD got approved yesterday.
My question is :
1) Can I travel next month using AP?? If so what will be my status (F1 or AOS). I guess F1 is a pure non-immigrant status and once we apply for AOS then F1 status is violated. Is it true & will this create any problem at the port of entry??
2) Will I need to take a new I 20 before leaving the country and then enter on F1 or do I need to enter on AP. What documents I need to show at the port of entry?
Will there be any legal complications on my status if I travel now when my status is pending. Will greatly appreciate if you can respond to my queries. Thanks for your support .
Immihelp4GC

 

[pralay]

1) Can I travel next month using AP?? If so what will be my status (F1 or AOS). I guess F1 is a pure non-immigrant status and once we apply for AOS then F1 status is violated. Is it true & will this create any problem at the port of entry??

Yes, you can travel with AP and you need to return before your AP expires. After applying I-485, your F1 is not valid anymore. Hence you cannot use your F1 visa stamp to re-enter even if the visa stamp on passport is valid.

2) Will I need to take a new I 20 before leaving the country and then enter on F1 or do I need to enter on AP. What documents I need to show at the port of entry?

You cannot use F1. You must use AP to re-enter. At POE, you need to show only your passport and AP. You can take a copy of I-485 receipt with you - in case it is required.

Will there be any legal complications on my status if I travel now when my status is pending.

No (provided you enter before your AP expires).

 

[Immihelp4GC]

Thanks.

Thanks Pralay. Appreciate it.

Yes, you can travel with AP and you need to return before your AP expires. After applying I-485, your F1 is not valid anymore. Hence you cannot use your F1 visa stamp to re-enter even if the visa stamp on passport is valid.




You cannot use F1. You must use AP to re-enter. At POE, you need to show only your passport and AP. You can take a copy of I-485 receipt with you - in case it is required.




No (provided you enter before your AP expires).

 

[Immihelp4GC]

Any Suggestions.

Any suggestions please.

 

[graduation2003]

I-140 Approved?

Any suggestions please.

If your I-140 has been approved already, you could use AP to re-enter with very minimal risk.

 

[fast_gc_seeker]

If your I-140 has been approved already, you could use AP to re-enter with very minimal risk.

There is no connection between using AP to enter US and 140 approval.

i.e. One can use AP to enter US even if 140 is not approved.

 

[curiousGeorge]

Yes, but...

There is no connection between using AP to enter US and 140 approval.

i.e. One can use AP to enter US even if 140 is not approved.

Although there is no technical connection, for people adjusting status from F1 or TN, it is recommended to wait until the I-140 is approved, before using your AP.

F1, similar to a TN is null and void after using an AP to enter the US, at which point you are in "I-485 pending status", and you cannot apply to extend your F1.

Here is the issue: If you are on a F1, and your I-140 was still pending, and you used your AP to enter the US, that puts you into "I-485 pending status" and if the I-140 were to be revoked, or denied while your in that status, then your I-485, EAD, and AP are automatically null and void also, thus immediately denying you the permission to work & travel, and you would automatically be "out of status".