AOS and applying for F1 question pl.

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Participant

Registered Users (C)
I am the primary applicant,with AOS pending and as my dependent child as well.
Child is studying, also on H4 and turning 21 shortly hence h4 will close.
it needs another one and half year beyond 21 to complete the study.
In the present scenario we don't know when the AOS will be decided and the result.
Hence to be on safe side,is it possible to apply for F1 also.
Derivative child applying AOS is deemed to show immigrant intent and afffects F1(my main apprehension is this) ?If it is what are other options left over?
Any inputs or experiences in this matter will be very much appreciated..
 
Participant said:
I am the primary applicant,with AOS pending and as my dependent child as well.
Child is studying, also on H4 and turning 21 shortly hence h4 will close.
it needs another one and half year beyond 21 to complete the study.
In the present scenario we don't know when the AOS will be decided and the result.
Hence to be on safe side,is it possible to apply for F1 also.
------if he has AOS pending and EAD in hand he can study with EAD
Derivative child applying AOS is deemed to show immigrant intent and afffects F1(my main apprehension is this) ?If it is what are other options left over?
changing to F1 when AOS is pending may create problems(i am not expert on F1) you must talk to good lawyer.
Any inputs or experiences in this matter will be very much appreciated..
---with valid EAD in hand he can study and work.
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Ginnu,thanks for the reply.
I understand,He can study on H4 right now and after 21 yrs. he can use EAD.
To rephrase,But my primary concern was as we all know vagaries of this adjudication and incase there is a problem in the out come,what are the other possibilities to enable him to continue.
One option is obviously to apply for F1(if at all allowed-question)well before expiry of his H4 to be safe(H4-F1, already applied 485).if f1 is allowed,it is greatest blessing irrespective of the outocme of AOS now or later.
Appreciate your further thoughts.
 
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tammy2 said:
You can request the service center for speedy approval as age out case. They will consider this request. He need not be converted into F1. Conversion will cause some legal problem as F1 is an non-immigrant visa.

http://www.hooyou.com/ageout/expedited.html

Another thing is your son is covered under Child status protection act. It should not be a problem.
http://ilw.com/lawyers/immigdaily/congress_news/2002,0620-s672.shtm
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thanks tammy2.
yes,the child is already covered under CSPA and the worry is not this.
As recently there were so many CIS memos about new procedures(of course with the idea of expediting the adjudication)but its affects are already
showing little otherway by now as with CIS,each step(concurrent filing,now concurrent adjudication,no RFEs..type adjudiactions et.al)instead improving further slowly detorirating/damaging.(see some reported that 140 processing duration increased slowly and apprehensions about not issuing RFEs ...and summary adjudications.. what not with great CIS).
Now my main apprehension is if some thing goes wrong with AOS,
the child's education tends to be in jeopardy unless if an alternative
(like applying F1 at least to continue further) and it will be great relief if some thing is available.
I was following the threads and many sites since long but I could not come across a solution for this and I could not get info' .if incase,applying F1 to come over any AOS adverse result .Lawyer's are demanding quite an amount
to just inform the possibility.
normally Applying 485 is amounting to showing Immigrant intent.Does this deter any chance any way for applying F1 or any other visa to continue.
This is my predicament.
Question is to applying --H4 to F1 while AOS is pending.
Any further links will be of great help.
 
I do not think it is problem. Most officers are well versed with age out cases. What is the status of your I-140?

There is some law waiting for signing of President Bush i.e. Dream act. I do know whether it will be helpful for legal immigrants but it helps children of illegal immigrant. That is irony of this country. There is lot of material available on the net about Dream act.
http://www.nilc.org/immlawpolicy/DREAM/DREAM_Basic_Info.pdf


Pending AOS to F1 causes the fraud. CIS view fraud very seriously.
Other way around would be applying H1 of his own with some known company. On paper you can show he is working 28 hrs a week.

Other one i can think of applying for Canadian Permenent residence. There are many students crossing border every day for schools in Buffalo.
 
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Tammy2.
140 is pending.
AOS to F1,(as may be viewed negatively)this is the worry.
H1 and CAN are far too,as he is two years away for undergrad.
 
Misconceptions

Two things I want to clarify.

First, there is NO NEED for an EAD if a dependent wishes to go to school. An EAD is needed for employment only.

Second, applying for an F1 when an adjustment is filed is NOT fraud, unless you lie and claim that no immigrant petition has been filed. It's merely an application for a status you are inelgible for, and will most likely be denied.

I wouldn't worry too much about the adjustment being denied. The immigrant intent genie is out of the bottle, and the trick is to ensure that it gets approved.
 
TheRealCanadian said:
Two things I want to clarify.

First, there is NO NEED for an EAD if a dependent wishes to go to school. An EAD is needed for employment only.

Second, applying for an F1 when an adjustment is filed is NOT fraud, unless you lie and claim that no immigrant petition has been filed. It's merely an application for a status you are inelgible for, and will most likely be denied.

.
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I appreciate your line of thought as similar of mine for this portion . EAD is only required if he has to work or earn while as student .
I am not clear in that--140(immigration petition )was filed for me and 485
(AOS)as well .But Only 485(AOS )is filed for the dependent.
If it arises,I am not well aware of F1 application about filling details 'Immigartion petition'.I wanted to know here,technically does applied AOS / Peramnent residence(485) falls under this category?
Ofcourse this may indicate the intent of non-immigration nature.
As you said the crux is getting apporved the AOS(and obviously My 140 &485,before that and this is the vagary ).Hopefully(that is what we are all
based on as we have to sit tight with our fingers crossed and wait for the 'mercy' of CIS ) it may comeout fine(as CSPA is active hence no expeditingcan't be requested-Don't know it's bane or boon now).
The main concern is,
But incase......,as the rules/memos/times /whims are changing frequently ,the whole years put here should not become a waste.
In this case,to proceed with uninterrupted completion is what any parent's desire and this the basic question.
I don't know whether with drawing AOS at later point of time(before his h4 expires) and applying F1 for the balance period will be one option,if plausible .
(Here again the genie's(permannet intention) role will interfere?).
By above,if possible, at least he will be able to complete his studies(forgetting his GC?).
(At least if having some way/possibilty,we can plan to avoid immediate future shocks,is the intention).
 
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