H4 to F1 transfer. 140/486 rejected.

[GT250R]

Hi all, I am a 19 year old student in desperate need of suggestions and guidance. Below is the description of my case with a few short questions.

I am a biology student about to finish my last semester at my current school. I am currently on H4 visa as my dad is on a H1 visa. I am turning 21 on Dec 2010. My h4 is also valid till that date. I have just been admitted into another university for grad studies. Since i will be above 21 years of age, i will have to transfer my H4 to F1 to continue studying in the US.

My father had filled for I140/ I485 in 2007 when the date was current. They were both rejected. My dad had filed for a MTR and we haven't heard back from that case till date. At the same time my dad also filed for another I140 and it got approved. My name was in the filling in both the cases. My quick question is What are my chances for getting approved for an F1 visa? I am currently in USA on H4 visa. - Can i file from the USA? Also when would be a good time to file ?

Thank you for all the help in advance

 

[NonaKhan]

IMHO ...since having your father's I-140 rejected (and than approved) DOES NOT make your (or his) stay Illegal , since he had a valid H1(work visa) during that time ...you should be in good shape to update your status to F-1 ....I dont think there is a good time to file ...as long as you have proper documentation from School (your transcripts and registration) and current status docs for you and your father PLUS ability to show that you (or your father) can sponsor your education ..you should be good in shape....and may be if you are doing it for the first time ..it does not hurt to get help of a lawyer

 

[GT250R]

Thank You

Thank you Nona! I really appreciate your help. I am going to get a lawyer to help me through but i wanted to be sure of what i am doing first.

I was curious if my F1 application would be affected by my fathers I485 application in 2007. I read somewhere that filling 485 shows intent to reside in the US. And my name was included in the petition. However it was rejected - Will this go against me? I am just trying not to age out of my fathers green card process because I would like to further continue my studies.