I-485 now? Spouse on F1 and I-140 pending.

R

rj289

Registered Users (C)
Hello,

I have an I-140 EA pending at VSC, since early June.

Given the retrogression, we wonder if we should file an I-485 (just an I-485; no plans for filing for EAD or AP) before Oct 1. Could you share your thoughts/experiences on the potential downside given the following:
-My spouse is on an F1 (cos in the US; not stamped); with a job offer in hand, spouse will go on OPT next year.
- Will an I-485 application now (we do not want to apply for EAD or AP) jeopardize any of:
(i) the F1 status
(ii) any emergency travel on F1, which will necessitate F1 stamping
(iii) OPT application.


Thanks much. Please do share your thoughts/experiences soon; with the October 1 deadline closing in, replies would be much appreciated.

Best,

- RJ
 
rj289 said:
Hello,

I have an I-140 EA pending at VSC, since early June.

Given the retrogression, we wonder if we should file an I-485 (just an I-485; no plans for filing for EAD or AP) before Oct 1. Could you share your thoughts/experiences on the potential downside given the following:
-My spouse is on an F1 (cos in the US; not stamped); with a job offer in hand, spouse will go on OPT next year.
- Will an I-485 application now (we do not want to apply for EAD or AP) jeopardize any of:
(i) the F1 status
(ii) any emergency travel on F1, which will necessitate F1 stamping
(iii) OPT application.


Thanks much. Please do share your thoughts/experiences soon; with the October 1 deadline closing in, replies would be much appreciated.

Best,

- RJ
Click to expand...

Are you on H1? What is your status right now? If you file 485 before Oct 1st, what about your wife? Remember, once she files 485, she cannot get OPT, nor can she enter US on F1 (she can apply to enter, but I doubt she will be allowed). I don't know how only your applying for 485 affects her F1.... Remember, if you want to keep your wife's F1 as backup, you will not NOT qualify for dependent F1, as you have already shown immigration intent.
 
My wife is on F1 VISA (stampped from india).
I filed I-140 and I-1485 in jan 2005.

(i) the F1 status
No filling her I-485 doesnot effect her F1 Status at all.

(ii) any emergency travel on F1, which will necessitate F1 stamping
Well , as a basic rule once you file I-485 ..........you need travel permission AP for her.(told by local immigration office)...she can come back using that without actually losing F1 status.
I know one friend who had I-140 based on LC and her wife went to INDIA with similar (un stamped F1 VISA)...must say she had tough time getting back as she didnot had AP and wanted to get F1.....

(iii) OPT application.
Yes & No...I enquired this with my university lawyer. My wife have EAD based on I-485 ....she also wanted to use OPT ...in some cases if you explain properly why you need OPT instead of I-485......they give OPT based EAD...but in some cases they want you to use EAd based on I-485. Advantage on using EAD...u can come back after travekl using AP ...with OPT you can't.
 
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