Can I apply for F1 with AOS applied?

K

kohi

Registered Users (C)
I have applied for adjustment of status and my ead about 30 days ago. I have also received the receipt number.

Unfortunately I have lost my job. My question is can I apply for F1 or Visitor visa?. I belive F1 is a non-immigrant visa and hence I cannot apply.

Can any one please help with any options that might be available?.
 
You should consult your attorney...

if you apply for F1, your AOS is definitely in jeopardy. I don't think INS will let you adjust status to F1 or B1 visa; if you go to your home country with an established immigrant intent, you won't get a non immigrant visa for sure. Your best bet is to work with the EAD and wait out the first 6 months-most likely INS won't open your appln in the first 6 months and with AC21, your case may be salvageable-check with your attorney. Good luck.
 
Thank you for replying. I have some questions to your reply.

If I get my EAD in 4 months, can I work (in a similar job)?. Do I need H1?

You said "wait out the first 6 months", I couldnt understand the context. Do I have to wait for the 180 day time period for switching jobs?

What is AC21?

Thanks again.
 
EAD

Once you get your EAD, you can work whereever you want. You won't need a H1. However, if you lose your job, your employer is obligated to inform INS. If and when that happens, INS will abandon your case and rescind EAD. Technically you will be out of status. This is very unlikely as most employers don't follow through (with informing INS). AC21 is the provision by which you are granted immunity from being out of status if your AOS is pending for more than 6 months. Some attorneys are convinced that regardless of when you lose your job-as long as it happens after you file for AOS, you are safe if INS takes 6months or more to process the AOS. Some others feel that you should hang in for 6 months with the sponsoring company to be safe. It does not appear that you can control when you will be terminated. My advice to you- hang in as long as you can and consult a good lawyer!;)
 
Hi Rajeev, thank you so much for answering.

I have received a mail from my company attorney today. They have informed the BCIS about the termination. This is how the letter reads.

---
To: BCIS

Applicant Name: last name, first name
File Number: A xx xxx xxx/WAC-xx-xxx-xxxxx
Employer: My ex company

The above referenced is no longer with the organization.
---

I am on H1. My H1 is valid for 2 more years. I have filed for I485 & EAD during mid April and received receipts for both. The A#/WAC# the company has informed is that of I485.


Hi Rajeev or someone tell me what is my status right now?.
With this letter, what would BCIS cancel?, will they cancel my H1, or will they cancel my I140, or will they cancel my labor, or will they cancel my EAD, or will they cancel my I485.


I just know what to do, please advise. Thanks.
 
Kohi,

Unfortunately, your 485 and EAD will be cancelled by INS. Labor certificate is not controlled by INS; once issued, it is valid indefinitely. Its value to you is limited as of now. INS will also consider your H1 (which is employer specific) invalid. You have a 30 day grace period after which you start accumulating unlawful presence. If you apply for F1, the problems I mentioned in an earlier post will stand in your way. Your best bet is to find another company to sponsor you for a H1 and file for H1 ASAP. Good luck.
 
Hi Rajeev

Thanks for your input.
Could you please suggest me some attorney whom I can consult?. My ex company attorney has said that he cannot advise me any longer.
 
Well...

Ron has a discussion forum where he routinely answers questions from users; however, your questions are quite specific to your present circumstances and he may require an individual consultation to better assess the situation. I would recommend doing that or contacting another attorney of your choice at the earliest.
 
Look for the 'imminfo' links on the web page...

You can also access it here- www.imminfo.com/
I saw the Inquiries section; may be they will respond thru there as your question can include all the pertinent details. Good luck.
 
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