How important is F1 I-20 form for GC application?

T

tiki

New Member
I recently got a job offer and my employer has agreed to sponsor my Green Card. I have all the necessary documents for the filing but am only missing my old F1 I-20 form.
When I applied for my first H1-B, I was never asked for my I-20. HOwever, the new immigration lawyer insist that I find the copy (though I told her that I have misplaced it) especially if I want to file for GC.
Will this jeorpadize my chance for filing a GC? I have the F1 visa page on my passport and the OPT card. Won't that be sufficient?
I tried getting a copy from school but they don't keep anything more than a year, what else can I do?
 
If you have all the papers to confirm your current status which is H-1B, and all the papers confirming the change of status, you should be OK for most of the process, however of course there is always a chance USCIS will request evidence of your prior status which is F-1 and you will need to show your I-20 for that, as the visa on its own does not mean much. If your case is based on a marriage to a US Citizen you should be fine and simply missing I-20 will not jeopardise your chances for GC, however can delay things and make the process more painful. My advise - try to find it, it will save you some trouble!
 
I don't know if it depends on the type of case, mine was marriage based and I had to submit a copy of my I-20.
 
I think that while AOS based on marriage forgives illeagal stay and illeagal employment, in other cases USCIS is not that forgiving...If you are currently in F-1 status I-20 is a MUST, but if you switched to H-1B and that's your current status if you are basing your AOS on something other than marriage you will have to prove that you were staying in the US leagally and that's where you need to show your I-20. But if you are basing AOS on marriage, I would imagine they are not going to deny your petition just because you do not have I-20....
 
You do not need your I 20 to file your GC if you are in H1 with valid I 94.
Some attorney ask everything for harassing people like you.



tiki said:
I recently got a job offer and my employer has agreed to sponsor my Green Card. I have all the necessary documents for the filing but am only missing my old F1 I-20 form.
When I applied for my first H1-B, I was never asked for my I-20. HOwever, the new immigration lawyer insist that I find the copy (though I told her that I have misplaced it) especially if I want to file for GC.
Will this jeorpadize my chance for filing a GC? I have the F1 visa page on my passport and the OPT card. Won't that be sufficient?
I tried getting a copy from school but they don't keep anything more than a year, what else can I do?
Click to expand...
 
we got our green card from work... and they sent us a RFE asking for copies of the I20 and letter of good standing from the sponsoring school....so there is a big chance they will ask for a copy of your I 20

usualy the school has 1 copy of the I20 and you have one.... if you cant find your copy, call your school, they will have a copy on file... hopefuly they can make a copy of that and mail it to you. good luck.
 
tiki said:
I recently got a job offer and my employer has agreed to sponsor my Green Card. I have all the necessary documents for the filing but am only missing my old F1 I-20 form.
When I applied for my first H1-B, I was never asked for my I-20. HOwever, the new immigration lawyer insist that I find the copy (though I told her that I have misplaced it) especially if I want to file for GC.
Will this jeorpadize my chance for filing a GC? I have the F1 visa page on my passport and the OPT card. Won't that be sufficient?
I tried getting a copy from school but they don't keep anything more than a year, what else can I do?
Click to expand...
Without I-20, you can not prove you are in status, therefore your change of status to H1 might be denied(you need to get h1 stamp), however, it most likely will not affect GC.
 
payala said:
I don't know if it depends on the type of case, mine was marriage based and I had to submit a copy of my I-20.
Click to expand...

Interesting, in our case, even though applying directly from F1 to GC based on marriage, the I20 was not asked for. They did want a copy of the visa and passport page of course.

This is only our case though - I am sure other officers routinely ask for it.
 
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