Guys: My I-485 is pending and I am right now with f1 status. My visa is already expire. I need to go to Nepal on Dec cause of iimportant circumstance. Do you think getting advance parole is safe to travel? if I get travel  document, do I need to apply for f1 visa again. If I apply for f1 visa and didn't get one, can I come back with travel document or advanced parole? Please give me some ideas...

If you get advanced parole, you do not need to apply F1 visa. Advance parole is specifically for travelling purpose and would not harm on coming back as long as you can prove that your I-485 is pending. When you travel outside the contry and come back you should carry I-485 receipt notice along with travel document (advance parole).

Thanks But I am in F1 status as well. do I need anytihng besides 1-485 pending receipt.  I am not working cause my I-484 is pending an want to maintain my status..thanks again

 

 

Be ready to have to explain to the airlines agents that a valid AP does allow one to travel to the US. They usually look for an unexpired visa and don't understand what an AP is..Ask to talk to their supervisors if you need to...

thanks but do you think it is ok to travel back to nepal since I don't have h1- just got f1 and apply directly for GC while don't have valid F1

rrr,

you don't have F1 status anymore. Applying for I-495 automatically cancelled your F1 status. Your status is GC pending. So, don't worry about F1... Get your AP and go to nepal. You are ineligible to get F1 or tourist status again.

Myth: Filing I-485 automatically terminates F-1
Reality: There is no such thing as automatic termination. It solely is the discretion of the DSO. If you use your EAD or AP, by virtue of your I-485 pending, you will lose your F-1. It is not only applicable for F, but all non immigrant visas, even if H or L pursue to work with other than the petitioner.

I dont know if you are in OPT or still in college, but I would recommend you to see your DSO, before you depart.

And, dont ask for legal advice in Sajha, I have seen people with no knowledge of law pretending to talk as an Attorney.

thanks...so what is my status? f1 or something else?

My lawyer told me I should apply f1 again and if I didn't get one . I can still come back with AP

rrr,

I just got my GC while on F1...as far as I know, your F1 does not automatically gets cancelled...it will....but only after you get your GC, and you will have to go to DSO and give them a copy of your GC, and USCIS will later change your status to PR status.....But while your I-485 is pending, you can travel back and forth with AP without any issue (that is why they created AP) with immigration (but might have to talk to some of those airlines' moron, as Kristen have written) and your current status (F1) does not matter. You do not need to apply for F1 visa, but just to be safe, I would suggest you to see your DSO and have him sign your I-20 (you do not have to tell you International program, about your GC process)

...So, bottom line with AP you can travel in and out without immigration issue, your current status does not matter...But mind you that you have to have a Valid Passport. Also, your F1 will not change automatically until you are granted a GC. ...so good luck!

Thanks a ton