Do I have to file I-485 if I am a F-1 visa holder

P

parsamkk

Registered Users (C)
Hello,
Hello I searched the forums but I could not find an answer to this issue.
I am planning to apply for a EB-1 based green card and currently I am a F-1 visa holder. My question is Do I have to file I-485, I-765, I-131 or anything accept I-140. I am planning to stay legally in the US while the EB-1 is pending. Please advice and thanks for your help.
 
Yes

parsamkk said:
Hello,
Hello I searched the forums but I could not find an answer to this issue.
I am planning to apply for a EB-1 based green card and currently I am a F-1 visa holder. My question is Do I have to file I-485, I-765, I-131 or anything accept I-140. I am planning to stay legally in the US while the EB-1 is pending. Please advice and thanks for your help.
Click to expand...

I-485 is the second step in green card processing (go to immihelp.com for details). If you are from India/China, you can file 485 before Oct 1st as retrogression comes into effect. After Sept 30, you can file I140 but I485 applications will not be accepted from citizens of these countries till date becomes current (which might be several months to years!). So if your package is ready and you are from one of the above mentioned countries, hurry up and file it concurrently (both I140 and 485 together).
Good luck,
 
Hello,
Thanks for the replay.
I could not find any info on EB-1 based application. But as I understand I can only send the i-140 and when I get approved ( 100 % sure I will have a Green Card ) then I have to send the I-485. The idea is that I save some money for the I-485 since I am legally on F-1. Please tell me if you think I can do that.
The other question is where I can find more info regarding the Oc1 1st as retrogression.
Thanks vary much for your help !!!
 
parsamkk said:
Hello,
Thanks for the replay.
I could not find any info on EB-1 based application. But as I understand I can only send the i-140 and when I get approved ( 100 % sure I will have a Green Card ) then I have to send the I-485. The idea is that I save some money for the I-485 since I am legally on F-1. Please tell me if you think I can do that.
The other question is where I can find more info regarding the Oc1 1st as retrogression.
Thanks vary much for your help !!!
Click to expand...
You can only save some money for the time being. But ultimately you have to file I485 and your I485 will be accepted only when date becomes current. You can find info on retrogression in this forum.
http://www.immigrationportal.com/showthread.php?t=189095
Good luck,
 
Last edited by a moderator:
Hello,
Yes I understand that but do I need to file the I-485 before I get the green card approval
(I -140, EB-1). I do not want to file I-485, I-131, and I -765 unless I know for sure that I will be a green card holder. Can I do that?
 
parsamkk said:
Hello,
Yes I understand that but do I need to file the I-485 before I get the green card approval
(I -140, EB-1). I do not want to file I-485, I-131, and I -765 unless I know for sure that I will be a green card holder. Can I do that?
Click to expand...
You don't need to file I-485 now. As long as you can wait till dates become current, it is fine. You can file only I140 now.
Good luck!
 
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