Do I need AP to travel with an F-1 visa (I-485 pending)

[kenheing]

My wife and I applied the I-140 and I-485 concurrently two weeks ago. The I-140 is approved and I-485 is pending. I am filing as an dependent and currently have a F-1 visa. We are planning to travel in a month, but we don't have our AP yet (estimated in 3 months).

As far as I know, my wife does not need an AP because she is on H-1. Some people say since I am on my F-1 (not a dual intent visa), I will need my AP, or I will abandon my I-485 upon entry.

But the following link (question 4) says that AP is not required for H-1's dependent. It also say (question 2) they are considering F-1 as an dual intent visa so that AP is not required for traveling.

So, the question is, if I come back to the US without an AP, will my I-485 be abandon? Thanks.

[Belle]

Incorrect, F1 is not a dual intent visa. You are only considered to be an H1 dependent if you have H4 visa. So, your options are H4 visa or AP.

[kenheing]

Thanks for the answer. I understand that F1 is not a dual intent visa, I was quoting the following link from USCIS that they were considering to change that. Since this document is dated in 1999, I was wondering if USCIS did anything about that.

http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-54070/0-0-0-57543/0-0-0-57820.html

[Belle]

Nothing has been done on that.