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Old 17th November 2008, 11:57 AM
odoguc odoguc is offline
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Can I still apply and get approval F-1 after my company withdraws my I-140& I-485?

Dear sir/madam,

I am currently working on H1B visa in USA and my company and I filed I-140 and I-485 for my green card application. However due to financial crisis, I may be laid off during the green card process. I am also a part-time PhD student in a US university. If my company withdraws my green card application, can I still apply for a non-immigrant visa (F1) to pursue my PhD degree?

Thank you very much.

Sincerely,
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Old 18th November 2008, 12:59 AM
nscagony nscagony is offline
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I-485 shows clear immigrant intent. You no longer qualify for F-1. You can try but it will be denied almost certainly.
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I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
Card received on 8/22/2008.
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