what would be my status

L

lyrix

Registered Users (C)
If I were a F1 student with 485 pending, with AP/EAD. After going out of country and coming back with AP, what would be my status, F1 or AOS? If H1 can hold their H1 status in this type of scenario, can F1 do the samething? And what's really the difference. I suppose if I can keep F1 and I should as it is less risky if 485 get denied?

Gurus, please at least give some reasons or URL besides a Yes/No... Thanks...:rolleyes:

btw, The case is derivative case with primary applicant being H1 (if it makes any difference)
 
F-1 implies non-immigrant intent. Once you file 485, you no longer have non-immigrant intent and therefore you can't get back in to the U.S. on F-1, so you need AP to travel or you won't get back in to the U.S. H's are different as they are dual intent visas.
 
lyrix:

Your status changed to AOS at the time you filed I-485. Please contact the international student advisor at your school immediately to change your status to AOS in their file (show them your EAD and I-485 receipt). If you continue to maintain F-1 (especially when you tranfer to another school after filing I-485), BICS may consider you have abandoned the I-485 if they know about it since you intend to maintain a non-immigration status. Your attorney should have told you this when filing I-485.
 
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thanks, King!

One thing I am afraid of, which is probably the reason why I didn't tell school is because of the lag time between 485RD and EAD AD. On campus work as Teaching assistant / Researching Assistant in school during that time would be considered out of status? I know plenty of people being the derivative 485 applicants with F1 got away with it, but what do I know...

Can I just keep it to myself and update school later on when I come back to US? or do I really need to update them, I mean I won't transfer schools plus I will always have a valid AP/EAD document, (except for the first month before my first EAD approval)

Lawyer didn't say anything about notifying school though at that time.
 
Re: thanks, King!

Originally posted by lyrix
One thing I am afraid of, which is probably the reason why I didn't tell school is because of the lag time between 485RD and EAD AD. On campus work as Teaching assistant / Researching Assistant in school during that time would be considered out of status? I know plenty of people being the derivative 485 applicants with F1 got away with it, but what do I know...

Can I just keep it to myself and update school later on when I come back to US? or do I really need to update them, I mean I won't transfer schools plus I will always have a valid AP/EAD document, (except for the first month before my first EAD approval)

Lawyer didn't say anything about notifying school though at that time.
Click to expand...

I believe a lot of people do that, still doing TA or RA after filing I-485 and before receiving EAD. In theory, it may not be OK but I never heard of anyone getting into trouble with doing that. I think you are OK by reporting a bit late if you don't transfer, but please get your attorney's opinion.
 
F1 ---- AOS Question/Guru's Please help me

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I’ve the following questions about my fiancée’s VISA. Right now she’s a student and on F1-Visa.I am planning to marry her in couple of months.
Right now I'm on H1 and filed my AOS.

1) When she comes back to US on F1 after the marriage, Can I amend her in the I-485 with the marriage certificate? If so does she require getting H4 before being amended in 485?

The thing that I do not understand is to apply for AOS; does she need to be on H4? The H4 and AOS are two independent processes or not?
My understanding is that H4 is pretty much like a back up in case if the AOS fails, since she’s moving from F1 ---- AOS.
If AOS is denied by any reason, she can still be on H4 status.

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2) This is one more concern. If she applies for OPT and if I try to amend her in AOS, what’re the complications? Can she be on OPT and AOS at the same time?
What happens to OPT once she’ on AOS?

Since I’m new to GC process, my questions may be basic, I’d be really grateful if somebody advises me what way to go?

Thanks,
KK
 
In my opinion and I am not lawyer you don't loose your F1 or H1 status by using Advance Parole. Advance parole replaces your VISA but not H1 or F1. Only time you loose H1 is when you use EAD for working as you remove all restrictions which are with H1.

Similarly I believe you continue to use your F1 status for working till you get EAD so essentially you were never working without authorization.
 
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