F-1 visa after having applied for Green card

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naveenj82

New Member
Hi,

I currently am on an H-1B visa and have an immigrant (green card) application pending - I'm in the final stages and even have an EAD. I am planning on starting a full-time masters program this year and need an F-1 visa. 2 questions...

1. Will the fact that I've applied, in the past, to immigrate to the US affect my chances of getting an F-1 visa? What if I cancel my green card application and show proof from the DHS that I've abandoned it?

2. Would change of status from H-1 to F-1 be advisable to reduce this risk, and can I get it done in 2 months so I can travel abroad before school starts?

Thanks
Naveen
 
It is possible to get F-1 after filing 485

Hi,

I've applied for the 485 as well and have an EAD and AP. However, I just applied for an F-1 at the Ottawa consulate and actually got it (for a Ph.D program). I did mark the checkbox that asked if anybody had applied for an immigrant visa. I did NOT withdraw the 485 application (wanted to be able to use the AP in case for whatever reason they cancelled my H1 when applying for the F-1).

But, I didn't get ANY questions about the 485 or any of the greencard stuff. Interview took a total of 2 minutes -- got just a couple of casual questions on what I wanted to do etc. The consulate officer was incredibly nice -- he was really excited about my university / area of study and so most of it was around that.

He was also aware that I am already on an H1 and just asked me if I wanted to go back and work on it. When I said yes, he said that made sense (since you can only enter on the F-1 30 days before the school start date) and asked me to enter this time on an H1 and then re-enter later on the F-1.

Of course, I can't say that everyone's experience will be the same. But, I should say that I was really pleasantly surprised (shocked almost!) at how easy it was!

So, for what it's worth -- take everything that folks say about not being able to get the F-1 after filing a 485 with a big pinch of salt. Everyone, including my school's international officer and my former lawyer (not to mention pretty much 99.9999% of internet forum posts) advised me against it and were really sure that I wouldn't get it.

But, I'd earlier had a phone consultation with Rajiv Khanna (paying about 200 bucks for a few minutes -- well worth it now I should say!) where he advised me to take my chances at Ottawa and then have the H1-B and AP as back-up plans if needed.

So, good luck! All is not lost after the 485.
 
Hi

Hi bluesky2day, I am in the same situation. My 140/485 is now pending under appeal and I am working with H1B visa. I want to start school this fall. Do you know whether it gives you a better chance by applying visa at a consulate than by applying for Change-of-Status in the US?
If consulate process is better, is Ottawa consulate better than other places? I am closer to Mexico, do you know whether the US consulates in Mexico will be as nice?
Thank you
 
bluesky2day said:
Hi,

So, for what it's worth -- take everything that folks say about not being able to get the F-1 after filing a 485 with a big pinch of salt. Everyone, including my school's international officer and my former lawyer (not to mention pretty much 99.9999% of internet forum posts) advised me against it and were really sure that I wouldn't get it.

But, I'd earlier had a phone consultation with Rajiv Khanna (paying about 200 bucks for a few minutes -- well worth it now I should say!) where he advised me to take my chances at Ottawa and then have the H1-B and AP as back-up plans if needed.

So, good luck! All is not lost after the 485.
Click to expand...

Your last statement is correct that all is not lost after the 485. But all other people are saying is that there is an inherent RISK of a visa denial. It is hard enough to overcome the presumption of immigrant intent without the 485 issue, so you run a bigger risk on having a F1 denied with the 485 issue.

Until you get to the interview, no one knows the result, which is the one that counts. So why not, what do you have to lose? Just don't be too hung up on a denial, if it happens. Try again and be optimistic.
 
By the way, when people ask a legal question in the forum, or even with a lawyer, others analyze it based on the "black letters" of the law. But in all practicality, the APPLICATION of law is far from black and white. Just keep that in mind.
 
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