H1 to F-1 with 1-485 pending...Please help

[hassoon]

I would appreciate any opinion in this issue.
I am currently working as h1. I have I485 application pending.
If I want to abandon my 1-485 application and transfer from h1 to F-1:
1- What are my chances to get approval.
2- What are the critera of approval. Is it true that if I have ever applied for I485, then INS will deny my transfer to F1.

Your help is so much appreciated.

 

[ska]

F1 is a purely non immigrant visa

I think filing I-485 proves immigrant intent. SO there is a high risk that INS may deny F1 Change of status.

But i cannot understand why some one would want to go to F1 after filing I-485????? Wait for approval and you can do what ever u want!

Consult a good lawyer.
Hope my reply helps. Good luck
ska

 

[Jim Mills]

If filing an I-485 does not show an immigrant intent I don't know what does. I don't think there is any possible stronger showing of immigrant intent than an actual attempt to immigrate.

I also agree that I see no reason to change status to F-1. You can stay here based on the pending I-485 (in fact, you would need AP to travel) and you can work for any employer if you get EAD. What's the point of an F-1?