I-485 denial/Impact on F-1 Status

kris5058

New Member
Gurus,
Please help. My wife is currently on F-1 status and her I-20 is valid till May 2008. I am currently working on H1 and my I-140 is still pending, since the dates are current, I am planning to apply I-485 for both of us. What happens to my wife's F-1 status if my I-140 gets denied and our I-485 applications are denied. Can she extend her I-20 after May 2008? Can she apply for OPT after graduating? We are not planning to use EAD or AP.

Gurus, please please help. Any advice would be greatly appreciated!!

Thanks!!
 
Gurus,
Please help. My wife is currently on F-1 status and her I-20 is valid till May 2008. I am currently working on H1 and my I-140 is still pending, since the dates are current, I am planning to apply I-485 for both of us. What happens to my wife's F-1 status if my I-140 gets denied and our I-485 applications are denied. Can she extend her I-20 after May 2008? Can she apply for OPT after graduating? We are not planning to use EAD or AP.

Gurus, please please help. Any advice would be greatly appreciated!!

Thanks!!

My humble opinion, 485 is petition for "Adjustment of status" mean from any other status i.e. F1, J1, L1 to Permant Resident. By filing 485 which is "Intent to immigrate" so if 485 gets denied your other status, in this case F1, will be void.
 
BobbyZee is for the most part correct. As a matter of fact, F1 status will be void from the moment I-485 is filed (immigrant intent is inconsistent with F1 terms) - her new status ("AOS pending") will be entirely dependent on how well your I-140 and I-485 do.

That rule won't apply only if a person holds "dual intent" status, such as H1, L1, O1, P1, that allows immigrant intent.
 
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As a matter of fact, F1 status will be void from the moment I-485 is filed (immigrant intent is inconsistent with F1 terms)

While immigrant intent precludes admission in F1 status or a change to said status, it is NOT in and of itself a violation of existing F1 status. I've heard of cases where an F-1 holder filed an AOS, it was denied and was then able to continue F-1 status.
 
While immigrant intent precludes admission in F1 status or a change to said status, it is NOT in and of itself a violation of existing F1 status. I've heard of cases where an F-1 holder filed an AOS, it was denied and was then able to continue F-1 status.


Thanks BobbyZee, Civ2ru and TheRealCanadian for your replies!!
 
While immigrant intent precludes admission in F1 status or a change to said status, it is NOT in and of itself a violation of existing F1 status. I've heard of cases where an F-1 holder filed an AOS, it was denied and was then able to continue F-1 status.

That's definitely news to me... I've never heard of cases you speak of and I've always interpreted "an alien having a residence in a foreign country which he has no intention of abandoning" - a requirement for F-1 status as per 101(a)(15)(F) - very conservatively... But then I'm not a lawyer, of course, so everything I say in my posts is my personal understanding and/or opinion.
 
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