485 -- F1 what is my status

T

tscwait485

Registered Users (C)
I'm a F1 student and want to apply for I-485 as a dependent this month. My Question is 1) If I get a new I-20 AFTER I file my I-485 application (e.g. I receive a new I-20 from my current school or I change to other school and receive a new I-20), in this case, will my I-485 application automatically be abandoned? (my student adviser told me so)

Question 2) Since my husband is currenly in H1 status, can I change my F1 status to H4 after I file I-485 application? If yes, then after I used EAD, which I can get if I have a pending 485, am I still in H4 status?


:confused: :confused:
 
My understanding with 485 filling is once u file it shows ur intention to stay here permanently, and ur status switch to 485 immigrant pettition.

talk with ur attorney about it

Good Luck
 
tscwait485

My Question is 1) If I get a new I-20 AFTER I file my I-485 application (e.g. I receive a new I-20 from my current school or I change to other school and receive a new I-20), in this case, will my I-485 application automatically be abandoned? (my student adviser told me so)

1. once you apply for 485, you are not on F1 anymore. your status is AOS pending. so therefore tell the school that you are on AOS pending status and do not accept I-20.

2) Since my husband is currenly in H1 status, can I change my F1 status to H4 after I file I-485 application? If yes, then after I used EAD, which I can get if I have a pending 485, am I still in H4 status?

1. i suppose you can apply for H4 after filing your 485 but from what i remember my lawyer telling me, it will most probably be rejected since you have already filed for adjustment. but you never know. I applied for my H1 after filing 485 and i was approved since you can maintain dual status. When you are on 485, and start using your EAD, i dont think that you will be on H4 anymore.... I am not very sure on this part...

Any others who can shed some more light?
 
Originally posted by tscwait485
I'm a F1 student and want to apply for I-485 as a dependent this month. My Question is 1) If I get a new I-20 AFTER I file my I-485 application (e.g. I receive a new I-20 from my current school or I change to other school and receive a new I-20), in this case, will my I-485 application automatically be abandoned? (my student adviser told me so)

Question 2) Since my husband is currenly in H1 status, can I change my F1 status to H4 after I file I-485 application? If yes, then after I used EAD, which I can get if I have a pending 485, am I still in H4 status?


:confused: :confused:
Click to expand...

Answer 1: Do not accept I-20 after filing I-485. Just tell school you are AOS status and can attend school. However, to work, even on campus, you must have EAD.

Answer 2: H4 is not better than AOS. I can't see any point in applying for one. The only benefit is that you can stay H4 if I-485 is denied and your spouse still has valid H1. But you can't work with H4. And if you use EAD to work, your status changes to AOS automatically anyway.

(please note that I am not an attorney. Just my 2cents)
 
Thanks for all of you.
Another question, is any status (besides H-1) that onecan keep it during AOS. So that even AOS get denied, he still has a valid status.
 
Originally posted by tscwait485
Thanks for all of you.
Another question, is any status (besides H-1) that onecan keep it during AOS. So that even AOS get denied, he still has a valid status.
Click to expand...

Only H ,L K and V type have this privilege. Other visa types cannot co-exist with Pending AOS
 
What about this F-1

I just asked Attonery. About F-1 and I485.

The following is the questions:
Dear Mr. Fan, I'm a F1 student now and I will graduate in August 2004, but my I-20 will expired on 05/01/2004. I filed I-485 as a dependent on 09/08/2003. My wife concurrent filed I140 and I-485 using the approved LC. She is working on her H1b now. Her I-140 and I-485 is still pending. We filled I-131, I-765 and got approved. But we never used EAD and AP. So my wife is still in her H1b now. From your web site. I know it is wise to keep noninnigration status during the I-485 period.
My Questions are:
1. What is my status now? F-1 or AOS?
2. Can I renew my I-20 after it expired on 05/01/2004, so I can continue to keep my F-1 status?
3. I don't want to use the 485’s EAD card. Instead I want to apply the F-1 OPT, so I can keep my F-1 for another year. Can I apply F-1 OPT when I gradated in August 2004?
4 If all the answers of question 2 and 3 are NO, in order to keep nonimmigration status, can I change my status from F-1 to H4?
5 When is the best time for me to change status from F-1 to H4? Thank you

The answer from the laywer:
1. both. 2. no. 3 yes 4 up to you

so I think after you filed I-485 as dependent , you can still hold F-1 status, and you can still apply F-1 OPT. Before your OPT expied, you can change F-1 opt to H1B, so you can work on H1-B.

I don't know if this is correct. Hope some experienced people give advice.
Thank you
 
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