Help! My daughter has concurrently filed for I 140 and i485 both are pending. However she has decided to do graduate study . Need advice on what to do

Felicialim21

Felicialim21

New Member
Hi there! My daughter is on h1b on her 6th year. Concurrently has filed for i140 and i485 pending approval. But right now she has decided to pursue grad study. I need advise on:
1. Can she apply for f1 ? Will this affect her gc appln?
2. What if her i140 is approved but i485 is pending, does she still need a f1?
3. Is there anyway she can still hold on to her gc appln even tho she is going to be a student becos she will no longer be employed once she pursues full time study?
4. Let’s say there is no way for her to keep her gc appln , can she apply for h1b again once she graduates without having to leave USA for a year ( becos this is her 6th year on h1b). Is there any option for her ?Thanks

Becos her course will start in sept and her PD is current, she may prob get her i140 approve as it has been 9 months since she filed ( keeping fingers crossed). Pls help

Thanks
 
1. A change of status to F1 will most likely be denied. And she cannot leave and re-enter on F1 visa or her I-485 will be abandoned.
2. No. She can stay in the US as long as she has a pending I-485, and in most schools she can study.
3. As long as the petitioning employer still genuinely offers to employer her once she immigrates, yes. However, does she really plan go back to work when the I-485 is approved?
 
Thanks for your advice. As for point 3… she does not intend to go back to the employer once the I-485 is approved. So does that mean that she can continue to stay on to complete her graduate school even when I-485 is approved. Will uscis ask her for proof of employment?
 
When I-140 is filed by an employer they need to provide evidence that they have enough money to pay from date of labor certification filing until I-485 approves. This is proven when an employee is paid enough to satisfy proffered wages requirements OR employer has enough net income and or net current assets to cover up for proffered wages.
 
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