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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    I-765 and I-131 concurrent with I-485
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Regular Member
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I am USC. I have sent above forms for my wife. She has alwas maintained her F-1 status here. Do you see any problems travelling on I-131 before she sdjust status. How long is it taking to adjust status as immediate relative of USC in New York? I mailed a paper copy of I-765. Can she also apply online to make it any faster? Is it allowed to file two copies of I-765? Do we need to wait to get the receipt notice before we file electronically
 
Posts: 32 | Registered: 05-28-2007Reply With QuoteEdit or Delete MessageReport This Post
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Once you file for adjustment,she will no longer have F-1 status and to travel internationally will have to use an advance parole to travel. There are no problems traveling with AP.
 
Posts: 2025 | Registered: 08-19-2008Reply With QuoteEdit or Delete MessageReport This Post
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Thank you Federale. Could you please guide me to the post wher it gives reference to a case law where it states that "F-1" loses NIV once I-485 is filed. For H-1B, I am sure that they do not lose their NIV once 485 is filed and they can travel on H-1B, no AP. Do F-1 surely need an AP. What documents shall she still have while travelling on AP. he all I-20's and school ID's or only I-20's, to show maintenace of NIV status throughout.
 
Posts: 32 | Registered: 05-28-2007Reply With QuoteEdit or Delete MessageReport This Post
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She loses F-1 because F-1 is not a dual-intent visa category. This means when she got her F-1 visa or changed her status to F-1, she explicitly stated that she intended to go back to her home country upon completion of her studies. This is why she MUST wait for AP to travel outside the country. If she leaves before receiving AP, her application for Adjustment of Status (I-485) will be considered abandoned.

Here is a link to a reliable website with a good explanation. http://www.murthy.com/news/n_f1saos.html
 
Posts: 159 | Registered: 04-23-2009Reply With QuoteEdit or Delete MessageReport This Post
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