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Entering US on F-1 while AOS Pending

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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?

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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.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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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 by silly_chick

08/24/2005 - Arrived in the U.S. as an F-1 student.

01/25/2006 - Married my LOVE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

***AOS***

08/29/2006 - Medical

09/13/2006 - Package sent to Chicago

09/15/2006 - Package received in Chicago

09/23/2006 - Checks cashed

09/25/2006 - NOA for I-130, AOS and EAD

09/26/2006 - All forms touched

10/05/2006 - I-130 and EAD touched

10/10/2006 - I-130 and EAD touched again

10/10/2006 - RFE for AOS (email). Grrr...

10/11/2006 - RFE received. It's for I-864...

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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?


9/4/06 - AOS package accepted at Chicago

9/11/06 - ND AOS package

9/14/06 - NOA AOS, AP and EAD

9/16/06 - Biometrics letter received

9/18/06 - All touched

9/19/06 - AP and EAD touched

9/20/06 - RFE notice by email (verify income and employment)

9/23/06 - Biometrics

9/25/06 - NOA I-130 (finally)

9/26/06 - Touched AOS and EAD

10/4/06 - Returned RFE materials by USPS Express mail

10/5/06 - RFE materials signed for by D Atwell

10/12/06 - E-Mail notification RFE material received 10/10/06

11/3/06 - Received interview notice (for 12/18/06)

12/18/06 - Approved with letter in hand (no stamp)

1/3/07 - GC in hand Remove conditions 9/18/08

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