How long I have to be in status!

[Abhaya_Abhaya]

Hello,
I am student now (in F1 visa). I have applied I485 and I140 , EAD and AP but non of them hasnot been approved it. If I get EAD card, I have to go for the work then I cant go to school . It is impossible to be full time student and full time job holder.

But someone told me I have to continue F1 status untill I get my green card approved otherwise I will be out of status. I dont know what to do. Could some INS expert tell me what I have to do. If I dont go to job, then what is use of that EAD card.

Thanks in Advance!!!
Abhaya

 

[Tim Willis]

Answers

Well, I am not sure if you have a query or you are just basically venting out.

1. INS has a clause that allows aliens who are trying to adjust the status work once they file I-485. It is not a requirement that you file for an EAD along with your I-485. If your school schedule is such that you cannot find time to use your EAD to work outside...... well that really is your problem (neither INS nor anybody else in this forum can do anything about it).

2. If you have filed for adjustment for status (I-485) you wont be out of status if you loose your F1. I am not very sure about this. Maybe other members in the forum can comment on this.

3. The reason why someone may have suggested that you need to maintain the status is to be on the safe side. Besides that it seems you have applied under EB1 category and that might require that you pursue your research/studies etc. till you acquire the GC.

4. I noticed that you were unhappy that some of the recent I-140 filers got their cases approved eventhough you and many others had filed their cases long before they did. That is typical of the way INS works. Now look at it this way.....

Would you be complaining if your case was approved in just a couple of weeks after filing while there were others waiting for almost an year???

Tim

 

[Abhaya_Abhaya]

Thanks Tims.

Someone from this fourm told me that since I already applied I 485 and got recepit ( Allien number) I am not F1 visa holder any more.

And there is no point of continuing my school. But what happens if my I485 rejected. At that time can I reapply for my f1 status back. Is there any clear Law about this.

Can I quit my school now.


This concurrent filing is more confusing.

Thanks again Tims.

Abhaya