Status after AP or EAD is used? - 未名空间MITBBS历史存档

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Status after AP or EAD is used?

Status after AP or EAD is used?# I485 - 转换移民签证

h*i2007-10-26 07:10

1 楼

I'm H1-B. My wife filed I485 with me in 08/07. She is F1 now. But F1 will
expire in soon. I heard some discussions that people should maintain a non-
immigrant status while 485 is pending in case I485 is denied. Since her F1
expires soon, we plan to apply for H4. I am not sure about the consequence
of the following worst case scenarios.
a. Being in H4, EAD/AP is not used. 485 is denied. What's her status? Can
she fall back to H4 again? (I'm still in H1-B)
b. Being in H4, EAD or AP is used. 485 i

b*82007-10-26 07:10

2 楼

a. If she never use EAD/AP, then she is still in H-4 status if I-485 is
denied.
b. If she used either, her status will be I-485 pending. If I-485 is denied,
she can change status back to H-4 assuming you maintain H-1B status. But
sometimes CIS may ask your wife go outside to apply H-4 depending on how big
the gap is.

s*o2007-10-26 07:10

3 楼

What I heard is that, if you are in 485 pending status and 485 is eventually
denied, you are not able to change back to any other non-immigrant status.
You will have to leave US.

r*22007-10-26 07:10

4 楼

I am trying to use EAD to cover the gap between H1-B filing in April and
effective in Oct since I am currently holding an academic H1-B now, looks
like I can not do that unless I leave the US and reapply visa?