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EAD/AP/F1 - Relationship

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  • EAD/AP/F1 - Relationship

    Context: My wife has received her EAD. She is on F1 (studying currently) and I am on H1B. My company is doing our GCs. We are planning to travel to India in December 07.

    Following are the questions we have regarding options for my wife for re-entry in the US:

    1. Using F1(see has a valid visa stamped) Visa for re-entry – Even though she has the EAD, she can use her F1 to re-enter. Correct?
    2. Assuming that we will use her F1 for re-entry, can she use her EAD today to start working? Will that void her F1 Status?
    3. Using AP for re-entry – So far we have not received the GC receipts and the AP for her. Assuming we will have the AP and the GC receipts, we have the option to use the AP for re-entry. Correct? At that point her F1 Visa gets void. Correct?
    4. Now that she has her EAD. Does that mean her F1 status is automatically void or can she still maintain her F1 Visa status? When actually does the F1 gets void?

    Thank you for help me in this confusing immigration world.

  • #2
    If she gotr and has to use her EAD through I-485 filing then she cannot use F1 to reenter and has to use either AP or H4 to enetr, but she can start sing EAD immediately upon entry.

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    • #3
      Thank you so much. This is really helpful.

      She is not going to use her EAD and will maintain her F1 status. Does that mean that she can re-enter without AP on her F1 status?

      Again, really appreciate your help.

      Comment


      • #4
        NO. She must NOT leave and attempt to re-enter without AP. If she does, her application for AOS will be deemed abandoned. And will be eventually denied.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          it does not matter whether she intends to use EAD or not.

          The fact is thta filing AOS nullifies her F1 (only H1/4 L1/2 are dual intent so stay alive) She remains in F1 status after filing AOS only till she leaves the country. She can reenter using F1 but that would mean that she is abandoning her AOS.

          She needs AP or H stamp to reenetr.

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          • #6
            Thanks Guys! Hopefully her AP will come in time. We apply 27th July and hoping to receive it before Dec 7th (leaving the country).

            Again, really appreciate your help.

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