Changing status during pending of I-485

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sima1225

Registered Users (C)
My family filed I-485 application in April, 2003 in TSC. My father is the principal of our I-485 application, and I am the beneficiary. During our pending of I-485, I filed F-1 application because my O-3 visa was going to be expired due to reaching age of 21. My attorney told me that it should not affect my I-485 changing from O-3 to F-1. Is my attorney right at this point? Thank you folks.
 
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sima1225 said:
My family filed I-485 application in April, 2003 in TSC. My father is the principal of our I-485 application, and I am the beneficiary. During our pending of I-485, I filed F-1 application because my O-3 visa was going to be expired due to reaching age of 21. My attorney told me that it should not affect my I-485 changing from O-3 to F-1. Is my attorney right at this point? Thank you folks.
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Did the primary applicant filed I-485 based on employment based LC and I-140? If that is true then you filed your I-485 as dependent. F1 is non-immigrant status I am not sure why the person need to file for F1 if I-485 is pending for him and person is AOS status. I think your father is on O1 or O2 visa status. Did your father self petitioned I-140 and got approved and then you all filed I-485. FYI I have not much knowledge about O-3 and then filing I-485 or going for F1. You should take second opinion from good lawyer
 
ginnu said:
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Did the primary applicant filed I-485 based on employment based LC and I-140? If that is true then you filed your I-485 as dependent. F1 is non-immigrant status I am not sure why the person need to file for F1 if I-485 is pending for him and person is AOS status. I think your father is on O1 or O2 visa status. Did your father self petitioned I-140 and got approved and then you all filed I-485. FYI I have not much knowledge about O-3 and then filing I-485 or going for F1. You should take second opinion from good lawyer
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Yes, his I-140 was based on Eb-1a. At that time he hadn't resolved the J waiver issue. For the secure reason in case he couldnt get waiver then our I-485 would be denied then I would lose status, thats why I filed F-1 and my attorney said that it would be fine for I-485 application. I just am wondering now.
 
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