Becoming fulltime student while waiting for 485 approval

Liya,

Did you get any answers elsewhere on this? I am in the same situation although I have an approved I-140 (am guessing u wud have got urs approved by now too)..can't apply for I-485 due to retrogression,definitely want to study this year on F1 but not sure if i will be denied the F1.

Jackolantern - any inputs on this?? Also, can we ask the employer to revoke the approved I-140? i read somewhere else that one can withdraw the case and show proof of that while filing F1..?

Liya76 said:
Hello,

I have read many posts from this forum regarding the same issue but couldn’t find one, which answer my question.
I am on H4 VISA since May 2000 based on my husband H1. My husband’s H1 going to be expire in May 2006. He can’t get 7th year extension because he doesn't have Green card process pending 365 days. In the meantime I have approved LC and pending I140 (immigrant petition filed in November 2005), We were unable to file for I-485 because of the retrogression on (EB3 other counties) I want to convert my H4 to F1 and become an fool time student. Can I get F1 VISA, since I applied for GC and have pending I140? Is there any risk to get my GC process canceled if I get F1 denied? Are there any other complications for the future GC process?

I'd really appreciate your help on this.

Regards
Liya
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puhrince said:
Liya,

Did you get any answers elsewhere on this? I am in the same situation although I have an approved I-140 (am guessing u wud have got urs approved by now too)..can't apply for I-485 due to retrogression,definitely want to study this year on F1 but not sure if i will be denied the F1.

Jackolantern - any inputs on this?? Also, can we ask the employer to revoke the approved I-140? i read somewhere else that one can withdraw the case and show proof of that while filing F1..?
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Fact that you applied for I-140 shows intent to immigrate. There is high chance that F1 might be revoked. However there are some legislations coming in Feb, that might give some relief in this situation and other retrogression situations. Keep you rfingers crossed.
 
I am in the same boat

moved01 said:
Priority Date: November, 2001 (EB3 - Other countries)
I-140 AD: 7/xx/05
I-485 RD: 12/06/04.

Your other alternative is to enroll full-time and file for AC-21 based on future employment.
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My RD is Nov-2001 as well (other countries). My-140 was approved..I've had the interview and am waiting for A#s...
I can't wait till I go back to school...When r we getting or GC you think????? :confused: :confused: :confused: :confused: :confused:
 
mumbai consulate answer

all - i asked the Mumbai consulate about it - their reply below..
what do you make of it?
-----------------------------------------------------------------------

It will be looked at by the interviewing officer and your intentions will be discussed.
Shouldn't have much effect.

Best regards,

Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai


From: xxxxxxxxxxxxxxxxxxxxx
Sent: Tuesday, January 10, 2006 10:07 PM
To: MUMBAI, N IV
Subject: Effect of approved I-140 on future non-immigrant visas

Dear Sir/Madam,

I am an Indian citizen and have been in the US on F1 and currently on H1-B. I had applied for my permanent residency through my employer. I have my Labor and I-140 approved but haven't applied for I-485. Due to changes in personal priorities, I have decided NOT to apply for I-485; rather I am planning to study full time again on F1. Will the approved I-140 affect myapplication for a F1 visa in the future? I have applied to a few schools and expect their decisions anytime next week.

Please advise me on how to proceed on this matter.
 
This is the standard rsponse.
LAw does not state that if you filed for 140, then you cant get F1.
Based on this, the officer responded.

But, during evaluation of your application, the office will consider that you DID file for your 140. Thus you showed your intent for immigration. Hence, there is a high probability that your visa (F1) might be denied.

Talking to a lawyer might give you a better opinion than talking to the consulate officer.

Good luck.
 
yep that risk remains..maybe I should just apply for F1 within US, they approve it and not go back home to get it stamped...
 
GC_Woes said:
This is the standard rsponse.
LAw does not state that if you filed for 140, then you cant get F1.
Based on this, the officer responded.

But, during evaluation of your application, the office will consider that you DID file for your 140. Thus you showed your intent for immigration. Hence, there is a high probability that your visa (F1) might be denied.

Talking to a lawyer might give you a better opinion than talking to the consulate officer.

Good luck.
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From what i understand from my attorney, filing for I-140 basically dooms your chances of getting F-1. I am in the same boat, approved LC under PERM, but not filing for I-140 due to retrogression. I have applied to B-schools, but am so pissed that I am thinking of doing it outside the US.
 
cabal - there is nothing wrong with studying outside US..I have an admit in Univ of Toronto and its ranked much higher than a lot of schools you might or are considering in US..if the situation dosen't improve here, i am going there - no point in sacrificing ur career by chasing and waiting for a GC, especially when post-graduation, a lot of companies don't hire international students...

as for me, i don't plan to staying in US for the rest of my life so remaining in US is not a biggie for me; of course if I can continue staying here, it would be good instead of asking my wife to look for a job again..but hey the bright side is that she is well qualified to get jobs elsewhere too.

cabal said:
From what i understand from my attorney, filing for I-140 basically dooms your chances of getting F-1. I am in the same boat, approved LC under PERM, but not filing for I-140 due to retrogression. I have applied to B-schools, but am so pissed that I am thinking of doing it outside the US.
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Adjustment of status and visa are two separate things. You can always go to school and change your status to F1. And if you are not intending to travelling outside US then you should have no trouble at changing the status. However, if you want to travel outside US then you will have to get the visa. At that time if you have applied for I140 it is a possibility that you may have trouble getting US F1 visa.
 
puhrince said:
cabal - there is nothing wrong with studying outside US..I have an admit in Univ of Toronto and its ranked much higher than a lot of schools you might or are considering in US..if the situation dosen't improve here, i am going there - no point in sacrificing ur career by chasing and waiting for a GC, especially when post-graduation, a lot of companies don't hire international students...

as for me, i don't plan to staying in US for the rest of my life so remaining in US is not a biggie for me; of course if I can continue staying here, it would be good instead of asking my wife to look for a job again..but hey the bright side is that she is well qualified to get jobs elsewhere too.
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Do you know how is the job scene after Univ of Toronto B School?
 
Jackolantern said:
Why would anyone want to go back to F-1 if they have already filed I-485? Just keep studying while on the I-485!
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we are talking about people who could not file for I485 due to retrogression.
 
Even for people who have filed for 485 and have EAD, it is not advisable to quit their current job and study full time using EAD. Reason being:

1. What if their 485 gets denied? They will become out of status immediately if they are not on H1 or F1.

2. If they decide to go to school full-time then there is high chance that their GC processing might stop. Reason being that their current company might not want to move forward with this process.
 
Its a great school (ranked 21 in the global rankings) and has great placements..of course most of their immediate placements are in Canada but if one is willing to work on it, he/she can easily move to US or Europe..also, UT has now got an exchange program with the Indian School of Business and tie-ups with a lot of major Indian companies...so its presence is getting noticed that side of the world too...the other top univs are University of Western Ontario and York University, all ranked really good.

manojs55 said:
Do you know how is the job scene after Univ of Toronto B School?
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correct..if i had an EAD, i wouldn't be that concerned..i just have the I-140 approved

manojs55 said:
we are talking about people who could not file for I485 due to retrogression.
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yep, the main concern wud be only if I-485 gets denied..by then hopefully if ur spouse is working,he/she would have applied for a GC too and hopefully the immigration rules change by then so one can get an EAD..a lot of hope though!

Regd. 2), once your I-140 is approved and u have been 6 months into I-485, your company is not involved anymore..from what i have read and researched u can sit around doing nothing on an EAD or even study full time..but if u get a RFE during GC interview, u shud show that ur employed with someone (u can show that somehow i am sure) or are employable for the SAME job u were in when u filed for the GC

GC_Woes said:
Even for people who have filed for 485 and have EAD, it is not advisable to quit their current job and study full time using EAD. Reason being:

1. What if their 485 gets denied? They will become out of status immediately if they are not on H1 or F1.

2. If they decide to go to school full-time then there is high chance that their GC processing might stop. Reason being that their current company might not want to move forward with this process.
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manojs55 said:
And if you are not intending to travelling outside US then you should have no trouble at changing the status. However, if you want to travel outside US then you will have to get the visa. At that time if you have applied for I140 it is a possibility that you may have trouble getting US F1 visa.
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If you change status from one to another in the US, you have to file I539.
In Part4, there are 7 questions related to applicant's background. 3 out of 7 questions are regarding immigration petition. Basically, changing status w/o traveling has the same risk as trying to get visa at consulate.
 
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