F1 -> I-526 submission -> OPT -> I-526 approval - > I-485 pending.. EAD??

[misha77]

Hi All,

we have an extremely complicated case and I see a potential problem in a future...
1. I filed I-526 being on F1 status. my wife is on F1 as well (NOT F2), in different university. our son is F2 as a dependent of my wife. my wife's I-20 expires in may 2017, so, she is secured in USA.

2. I-526 is pending now and I am graduating in May 2014. Today I submitted an OPT request and presumably I will have EAD till July 2015.

here my concern rises... let us assume that my I-526 is approved in 2015, before July 2015, and I submit I-485.
what will happen with my status? I suppose that submitting I-485 cancels F1... am I right?

what will happen with my status in the US after July 2015? I do not have H1/b and I am planning to run my own company.

will I have a chance to extend EAD? will I have the chance to work without time-gaps?

I appreciate competent comments.

 

[Jackolantern]

Submitting I-485 doesn't cancel the benefits of F1 status if you remain in the US and continue to meet the conditions of the F1 status (full time study, don't work off campus without OPT or special permission, etc.). But your F1 visa will be useless for reentering the US.

Note that once the I-485 is filed, you won't need the F1 to study. And with the I-485 you can file an EAD application with it, and that EAD which is associated with the I-485 is renewable as long as your I-485 is pending, and it won't have the restrictions associated with an OPT EAD (i.e. you can use the I-485-related EAD to work for any employer that will hire you, in any occupation).

Get an immigration lawyer. The investor green card is complicated, and if you have the money to qualify for it, you can afford a lawyer.