F1 needed or not?

[140neverend]

Could you please anwser my question here?
I'm working on H1B visa. I'm going to be a student again because the company shut down, means I will lose my H1B status. My 140 and 485 are both pending for more than 18 months. Do I need to apply for a F1 visa to study or I'm ok with my current status.
Please help.

 

[pibo]

you won't get a F-1 visa (you need to go outside US and apply; if you apply for F-1 visa your I-140 and I-485 is abandoned) because you already showed your intention to become a immigrant. You will get a I-20 if you abandon your application for I-140 and I-485. But if your company does not stop processing the I-140 and I-485, then you can study and get assistantship (if applicable) through EAD.

make something clear in you mind: you can not have F-1 status and GC application together.

 

[vsc_babu]

Post your case details, when did you file I-140 and I-485, what center and
under what category (EBx)?

You are not out of status until there is denial in your I-140/I-485,so you
are OK with your current status. First go and be a student, get admission.
Second, find how to save your pending I-140 and I-485 if your company
is not abandoning it(if they are out of money, they will mostly not act).

 

[usnycus]

140neverend

First of all you are not out of status and you can join college/school to start/continue the study.

I doubt INS will approve your F1 when you have I-485 pending.

Best option for you is to find another company and start working. If/When I-140 gets approved; use AC-21 to change the employer. Also, prey in the mean time that no RFE is issued against I-140.