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Wife on F1 EAD Approved

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  • Wife on F1 EAD Approved

    I am a greencard holder, my wife is in US legally on a F1 visa. I applied for I-485, EAD and AP for her. We have received an approval notice for her EAD and AP.

    Now I have a couple of questions
    1) What happens to her f1 visa? will it get cancelled since EAD is approved
    2) Can she travel on AP outside the country
    3) What happens to F1 when we travel and enter country again
    4) When we enter the country do we enter on F1 or AP

    Please let me know

  • #2
    (1) The visa status changes only if you choose to use the EAD.
    (2) Yes she can.
    (3) Depends. If you choose to use the AP/EAD, F1 will automatically be cancelled.
    (4) You can choose to use either of the options. If the F1 visa stamping is valid, you can choose to use it to enter the US instead of the AP. But if you have used the EAD, you have to use the AP to enter, and the F1 is no longer valid.

    ==
    Only my opinion; Not legal advise.
    Just an opinion; Not legal advice.

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    • #3
      4. She cannot enter on an F1 visa because she is intending to immigrate after entering. She can only re-enter on AP.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Originally posted by newacct View Post
        4. She cannot enter on an F1 visa because she is intending to immigrate after entering. She can only re-enter on AP.
        Will she also loose F1 status if she starts working on EAD? Should she study while working until she gets GC or can she stop studying

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        • #5
          Originally posted by sam123u.t View Post
          Will she also loose F1 status if she starts working on EAD? Should she study while working until she gets GC or can she stop studying
          She can study or not study as she wants. She will lose F1 status if she stops studying or starts working on EAD. She can stay in the US as long as I-485 is pending regardless of whether she has status.

          This is my personal opinion and is not to be construed as legal advice.

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