平平皮2010-10-14 02:42:13

Dear Pjiang and 863211 老师:


I work at a university with OPT-based EAD (F1 visa).  A few months ago I submitted 140 and 485 (EB1A) concurrently, but both are still pending. I did not apply for 485-based EAD, but have applied for and received 485-based AP.  Due to some emergency at home, I have to travel to China very soon.  I have the following questions regarding my re-entry:


1.       If both 140 and 485 get approved and the green card is delivered while I am in China, do I have to re-enter the US using the green card, or may I still use the AP?


 


2.       If I-140 gets declined while I am in China, I definitely cannot re-enter US, is that right?


 


3.       If 140 or 485 is still pending while I am in China, I should use the AP to enter the US.  But as soon as the AP is used, my F1-based EAD will become invalid immediately; this means that I can return to the US, but I should not work before I receive the green card, is that correct?


 


4.       Do I need to show the customs my AP when I depart US?  If so, is it going to void my F1-based EAD immediately?  (this may mean that I am not supposed to get paid during my time in China)


 


5.       As a backup, can I apply for H1 before I leave for China?  If I get H1 before I re-enter the US, should I use AP, or should I use H1 to en-enter?  Will the H1 application void the AP I currently have, and will the H1 application negatively affect the pending 140/485?


 


I know I am in a very confusing situation. Thanks a lot for your advice!

pjiang2010-10-14 03:19:42
回复:请问皮匠老师和863211老师:F1 and EB1A
平平皮2010-10-14 15:17:52
回复:回复:请问皮匠老师和863211老师:F1 and EB1A
pjiang2010-10-14 15:41:04
Your new Qs - 回复:请问皮匠老师和863211老师:F1 and EB1A
平平皮2010-10-14 19:50:40
回复:Your new Qs - 回复:请问皮匠老师和863211老师:F1 and EB1A
pjiang2010-10-15 04:35:45
回复:回复:Your new Qs - 回复:请问皮匠老师和863211老师:F1 and EB1A
平平皮2010-10-16 22:48:20
回复:回复:回复:Your new Qs - 回复:请问皮匠老师和863211老师:F1 and EB1A