请问皮匠老师和863211老师：F1 and EB1A

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!

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• 回复：请问皮匠老师和863211老师：F1 and EB1A -pjiang- ♀ (7973 bytes) () 10/13/2010 postreply 19:19:42

• 回复：回复：请问皮匠老师和863211老师：F1 and EB1A -平平皮- ♀ (339 bytes) () 10/14/2010 postreply 07:17:52

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