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F-1 Opt To I-485 Aos Travel Concerns

Discussion in 'Filing for AOS with an approved I-140' started by GreenChemie, Sep 11, 2015.

  1. GreenChemie

    GreenChemie Member

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    Hi Ron,

    I had asked this question in a different thread (TCN NIV Applications Canada) as a continuation of my previous thread. But, the AOS section is more relevant for this. So here goes once again!

    I am on F-1 OPT and I plan to move to H-4 by getting an H-4 stamped in Canada. My appointment date is Nov 16th 2015. Post that my plan is to apply for an H-4 EAD.

    However, now my husband's priority date (Nov 2010) is current to file for I-485/AOS (based on the new VB changes).

    I want the flexibility to travel abroad (already have travel plans for December 2015). Hence I want to still go ahead with H-4 stamping plan (if possible), instead of waiting a few months to receive EAD/AP. Depending on the number of applications that USCIS receives, god only knows when I will have the actual EAD/AP in hand, so I also want to apply for the H-4 EAD in the meanwhile, as I would get back to work ASAP.

    My questions for you:

    1.) If I travel to Canada on F-1 with the intention of returning to the US on H-4, will my AOS I-485 application be deemed abandoned?

    2.) Does it make sense to apply for H-4 EAD once on H-4?

    Thank you for all your help. I appreciate it. :)
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If I were you, I'd file for AOS now (including AP and EAD) and postpone my travel plans. The USCIS may or may not use the acceptance date in the upcoming months. Take what you can get now.
     
  3. GreenChemie

    GreenChemie Member

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    Thanks Ron. I guess I will have to postpone my travel plans then! Oh well, it is what it is. Thanks for the fast response as always. Appreciate it!
     
  4. GreenChemie

    GreenChemie Member

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    Hi Ron,

    I had a quick question for you.

    I am on F-1 (OPT) and my husband is on H-1B. We plan to file for AOS on October 1st based on Nov 2010 priority date being current. Do I need to move to H-4 status before my I can file for I-485 AOS? Or can this be done while I am on F-1 as well?

    If I file for I-485 AOS on F-1, when will my F-1 status and hence OPT be revoked?

    Thanks!
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, you don't have to change status. When you get your new EAD, it will supersede your current one.
     
  6. GreenChemie

    GreenChemie Member

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