Help!!How to keep legal status before I can file I-485

[CALVIN_LJQ]

I just got layoff today. And now I am desperate in looking for some suggestions.

Here is my situation; I applied my immigration processes through Employment base (EB2) with a master degree and Family base (FB1) as unmarried adult son.

On the Employment base (EB2) side, I got the I-140 approved last year but still waiting for the priority day to file I-485. And because of the layoff, this process will be terminated immediately.
On the Family base (FB1) side, it was filed in Sep. 2003. and the priority day now is Nov.2002. I guess it may be about half a year to get it current. So I can file my I-485.

So my questions are:
1. I am thinking to transfer my H1B to F1 (full time student) visa. Would it be a problem for the time I am filing I-458?.
2. beside keep looking for job in this tough economic time, what alternatives I can do?
3. what if I go back to my home country to wait for the priority day become to current ? Would it be more trouble in doing that?

I appreciate for any suggestions!

 

[LucyMO]

1) you may have a problem changing to F-1 because of your immigrant intent
2) you could return home
3) it will make no difference. If you stay illegally, it will make a difference.

 

[tinkerbelluk]

i would consult a lawyer

 

[Jackolantern]

1. I am thinking to transfer my H1B to F1 (full time student) visa. Would it be a problem for the time I am filing I-458?. (because some said that the I-140 shows the intend of immigrant, but the I-20 is non-immigrant Visa)
2. beside keep looking for job in this tough economic time, what alternatives I can do?
3. what if I go back to my home country to wait for the priority day become to current ? Would it be more trouble in doing that?

1. They probably won't let you switch to F1 because of your immigrant intent.
2. Marry a US citizen, or leave the country ASAP
3. It's not a problem to do that. But you need to file I-824 to request the switch to consular processing, unless consular processing was already requested on the I-130 for your family-based petition.