Jaxen, please help me your post to 60 waiting rule in this forum.

[ty]

Jaxen, you said "60 days rule the fact that INS sees intent of change of status within 90 days from one non-immigrant visa to another especially in the categories of B and F visas. " I do not understand that. Does 60 days mean 60 days after getting F-1 visa or 60 days after changing F-1 visa?
My husband holds F-1 visa for almost 4 years. Last month we just submitted his H-4 visa application (change from F-1 to H-4). We have not received any response from INS until now. Does he need wait 60 days to submitte his I-485 application? Or it doesnot matter? Or it is better for us to apply 1-485 after we receive the receipt letter from INS? I am ready to submit I-485 forms for both of us. I am very worried. Please help. ty

 

[jaxen]

He need not wait.

the 90 day rule would apply for a person changing from F1 to H1 or B1 to F1 within 90 days of entering US in a valid non immigrant visa.
For a visa to 485 this is not a valid rule.
It is not even a rule a guideline by which INS measures intent to commit fraud.