h1 to f1 , but applied for I485

H

hassoon

Registered Users (C)
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.
 
Chances of getting an F1 are very remote. But first, why do you need a F1 at this stage. If you have applied for 485, you are eligible to get EAD, with which you can get RA/TA etc. And you can get AP, so you can travel as well. Filing even I-140 will jeopardize your F1 application.
 
May be I will loose my job soon

Thanks so much for your reply

The reason is that Iam afraid that I will loose my job soon. So, When I loose my job, I will be out of status once the result of the I485 comes with denial.

What if I become a student now and after one or two semesters the EAD expires and my !485 was already denied. What do I do?

Thanks
 
It will be hard to change to F1, either now or later after I-485 denial. I dont think there is anything in the law that states you cannot give up your immigrant intent. If you can argue that the circumstances of your life changed so much that you intend to definitely go back, then you might have a chance of getting F1.

How long has your I-485 been pending? Does the 180 day rule apply to you. Best solution might be to look for another employer and use the 180 day rule.

Another option is to try for GC on your own under NIW or extraordinary ability, if you qualify. In fields like engineering, science, business etc., EA is difficult unless you have many publications and strong recommendation letters. NIW on the other hand might work if you carefully think about if there's anything unique about your work and how it has and will benefit the US (a PhD is not required). The other forums might have some information.

Other options if applicable: take derivative H4 status or L2 status, GC through family etc... Canadian GC? Good luck.
 
Thanks so Much

Thanks so much for your help.

My I485 is pending for more than 180 days. But the company I am working for now is different company, and it will run out of bussiness soon. I will most propably get and interview. My only hope is to get the interview before my company goes out of bussiness.


Thanks so much again for your help.
 
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