Entering US on F-1 while AOS Pending

[sseal 0]

We filed AOS application for my wife and myself on 4/1/2004. My wife 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?

[meauxna 15]

Are you not a US citizen?

IMO your question is not well suited for this website, and maybe not for any website.

You might want to get a second professional opinion on your very unusual case.

[silly_chick 0]

All I can say (and I know for sure, cause I used to have an F-1) - never ever, under no circumstances should you enter the U.S. using an F-1 visa if your AOS is pending. It's a no-no. AOS cancels your F-1 status.

When does her priority data become current? Is it a follow-to-join situation, from what I understand? How far are you from converting to permanent residency? Are you converting from H1-B?

I really don't understand why she needs an H1-B if her AOS is pending, unless it has to do with AOS withdrawal due to illegal entry with an F-1. I hope you have a good attorney - not that you're in trouble, but they can be very helpful.

Edited October 11, 2006 by silly_chick

[khool 0]

All I can say (and I know for sure, cause I used to have an F-1) - never ever, under no circumstances should you enter the U.S. using an F-1 visa if your AOS is pending. It's a no-no. AOS cancels your F-1 status.

When does her priority data become current? Is it a follow-to-join situation, from what I understand? How far are you from converting to permanent residency? Are you converting from H1-B?

I really don't understand why she needs an H1-B if her AOS is pending, unless it has to do with AOS withdrawal due to illegal entry with an F-1. I hope you have a good attorney - not that you're in trouble, but they can be very helpful.

Wouldn't it be OK to leave and re-enter on AP?