Will Using AP invalidate H-1B status ?

G

guakeifuai

Registered Users (C)
I am in H-1B and applying for Advance Parole (AP). My question is: If I use AP to enter USA, will my H-1B status become invalid?

Thanks a lot!
 
Thanks JoeF!

One more question: if my wife apply for I-140, I-485 and AP with me, can she keep her F-1 status? If she uses AP, can she keep her F-1 and apply for H-1B in the future?

Thanks a lot!
 
I like to make sure that she is able to continue her studying and applying for H-1B in the future whether or not my I-140 and I-485 are approved or not.

Thanks again!
 
Originally posted by JoeF
Why would she want to do that? She can study just fine with a pending I-485.
In fact, she would probably not be able to come back with an F1 visa, regardless of AP. The F1 visa does not allow immigration intent, which she obviously has with the I-485.
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JoeF, thanks for your reply!

I still have the following question:

Will my wife be able to continue her studying and applying for H-1B in the future, whether my I-140 and I-485 are approved or not ?
 
Originally posted by JoeF
Well, first off, why do you think your I-140 and I-485 could be denied?
Second, if it would be denied, you have other, more pressing problems, anyway.
Third, with the I-485, your spouse has shown immigration intent. Even if it is denied, it would be hard to show that she no longer has immigration intent, which would be a prerequisite for the F1.
If she qualifies for an H1, that wouldn't be a problem, because the H1 allows immigration intent.
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Just saw your post, which is posted at the same time of my previous post.

I am conservative before my I-140 is approved (it is a LC-based I-140), although it may seem unlikely that my applicaiton would be rejected. That says, I would like to make sure that my wife has a valid status no matter what happens. For me it is fine since I have my H-1B.

Thanks a lot.
 
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