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Enter US in F-1 while AOS pending
We filed AOS application for my wife and myself on 4/1/2004. She had an Advance Parole document valid from 10/24/2005 to 10/23/2006. On 3/1/2006, my wife re-entered the U.S. on 3/10/2006 in F-1 status. (She was attending school full-time.) Since then we renewed AOS/AP once more. Her AOS application remains pending, and she holds an EAD card valid until 8/1/07 and AP document, valid until 8/3/07.
Recently we found out from our attorney that entering US on F-1 while pending AOS essentially abandons AOS. The attorney also wants to re-apply for AOS (and revoke the old one) once my wife’s priority data becomes current. She insists that my wife gets an H-1B and should not travel outside of US until she gets the “safe” H-1 visa.
Has anyone been through such a situation? Is it really unsafe to travel outside US and present either F-1 (valid till 04/07) or AP on re-entry?
Recently we found out from our attorney that entering US on F-1 while pending AOS essentially abandons AOS. The attorney also wants to re-apply for AOS (and revoke the old one) once my wife’s priority data becomes current. She insists that my wife gets an H-1B and should not travel outside of US until she gets the “safe” H-1 visa.
Has anyone been through such a situation? Is it really unsafe to travel outside US and present either F-1 (valid till 04/07) or AP on re-entry?
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