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  • Maintaining Visa

    Hi All,

    I have applied green card for my husband and he is on F-1 Student visa. I have filed I-130 under F2A category. USCIS is accepting Dates for Filling application for March month. I will appy for his AOS (I-485) with I-765, I-864, I-131. Once he gets the EAD and AP combo card, should we use his student visa ead card and keep I-485 EAD card as back up? What would be the best way to move forward? Should he maintain his F-1 status untill he gets GC?

    Thanks.

  • #2
    Originally posted by hemina60 View Post
    Hi All,

    I have applied green card for my husband and he is on F-1 Student visa. I have filed I-130 under F2A category. USCIS is accepting Dates for Filling application for March month. I will appy for his AOS (I-485) with I-765, I-864, I-131. Once he gets the EAD and AP combo card, should we use his student visa ead card and keep I-485 EAD card as back up? What would be the best way to move forward? Should he maintain his F-1 status untill he gets GC?

    Thanks.
    He can maintain his status if he wants. But he doesn't need to maintain his status; he can stay in the US while I-485 is pending regardless of whether he has status or not.

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

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    • #3
      We are planning to visit India once he gets his EAD and AP combo card. So , if he maintains his Visa status and do not use EAD (i-485) card can he use AP card while entering in USA?

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      • #4
        Originally posted by hemina60 View Post
        We are planning to visit India once he gets his EAD and AP combo card. So , if he maintains his Visa status and do not use EAD (i-485) card can he use AP card while entering in USA?
        Yes. Note that he won't be on F1 status after re-entering because he didn't enter on an F1 visa; if he needs to work then, he will have to work on his EAD.

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

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        • #5
          okay. Thank you so much for your reply.

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