F-1 complication

J

jcl013

Registered Users (C)
I am currently under OPT working for a company; with the H1 rapid cap exhaustion; i am not sure i am fast enough to get my company apply for my
H1; in order to stay legal i might have to go back to school as F-1 for my phd degree when my OPT is over;

my dad got his green card 4 years ago and he is living in US right now; i know filing my for AOS under a green card resident takes couple years; my question is: if i applied for I-130 and I-485 for AOS under my dad, which will show my intent to immigrate to U.S.; would that cause any problem when i applied for my F-1 when OPT time runs out; what is the best way to stay in US when my OPT runs out?
 
You can file I-130 if you like, that doesn't show intent to immigrate, only filing I-485 will invalidate your F-1.

However, you cannot file I-485 until I-130 is approved, and you will have to wait for your priority date to be current for your I-130 to start processing. This means it will be many years before you can get a green card through this route (could be 5-10 years depending on your preference category). I-130 gives you no legal status in the USA, so even if you file it you will have to leave if your F-1 expires. Your best option is probably to stay in school.
 
Last edited by a moderator:
dr_lha said:
No, it doesn't. At least, not in the way that matters, i.e. it doesn't invalidate a F-1 visa.
Click to expand...

Hi:

You are correct. It does not invalidate an F1 visa per se, and would likely have no effect if the person is in the US studying. It does however put the person within a "discretionary zone" when applying for a renewal of the F1 visa or when entering the US.
 
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