going back to school while pending for 485?

W

wxz485

Registered Users (C)
Any info/suggestion is welcome.

Here is my I-485 profile:

RD Oct-4-02
Nd Oct-10-02
No FP

Here are some questions I have:
1. I saw the approval case in Texas center in Feb-02, are there any more recent cases after that?

2. Can I go back to school before my 485 gets approved? I don't have EAD, currently I am on H-1.

3. What is REF?
 
Originally posted by wxz485

Here are some questions I have:
1. I saw the approval case in Texas center in Feb-02, are there any more recent cases after that?

2. Can I go back to school before my 485 gets approved? I don't have EAD, currently I am on H-1.

3. What is REF?
Click to expand...

1. It's all random in TSC. Officially it's doing 2001 cases for quite some time. Practically, many 2002 Feb/Mar/April cases have been approved.

2. Not before your 485 is approved (until you filed under EB-EA or NIW AND are doing some good RESEARCH). After approval of 485 you can go to school to pursue higher education / research.

3. REF (request for evidence) is a notice issued by an INS officer about any aspect of your case (education, experience, employment, marriage, whatever). When you receive RFE, you must respond within the time specified -typically between 30-60 days-.
 
Thank you very much, gzhang3000. That's very helpful.

I am a medical researcher and applied for GC through employment (NIW), now I am considering going to medical school. Theoretically, I will still be in medical field. Do you think that I still need to wait till 485 approval (which might be in another two years)?

My 485 profile:

RD Oct-2002
ND Oct-2002
No FP yet.
 
I think, you will have to reapply

Legally since your employment will not be in existance, you should withdraw application for 485/ H1 and apply for student visa.

Am I incorrect guys?
 
I don't think applying for student visa (F1) is an option. F1 visa requires "Non-Immigrant" intent. He has already shown immigrant intent by applying I-485.
 
1. As dinnu pointed out, apply for F1 is not an option.

2. If you attend medical school and loose your employment, you may lose your i485 AOS status. Then, you will HAVE to leave the country.

Before careful.

Lea
 
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