Need urgent help on 485 issue with regard to F1

J

jjmer

New Member
Hello, I am a primary EB1 applicant and my I-140 in Vermont was recently approved. I did not submit I-485 yet and there were many reasons for that.
Here is the situation. My husband has h1b visa now until Jan, 2006 and recently he got admissions from several top 3 MBA schools. I guess it's a real hard opportunity to pass, but we have some conflicts with I-485 issue.
Our lawyer suggested that we wait at least we know the result of my husband's situation and now we know..He is accepted and we have to decide whether we go for it or just apply for green card and forget about the top MBA.

So, basically H1 to F1?? issue in relation to I-485;

1. Having F1--is it absolutely impossible to go for I-485, because of no-intent to immigrate clause for F1?

2. I originally got my I-140 petition approved in Vermont, is there anybody who submitted their I-485 to different service centers? such as Nebraska or California?

Any advice is needed, my lawyer went to a conference and cannot reach her for days...
Thanks!
 
I would bring his status back to H4, he can also attend the school having this visa, and also he can be intended to immigrate. Filing and getting approved will probably take few weeks, and once he is back in H4, you can process your case with I-485. My facts are based on an assumption that you have valid H1 visa.
 
you know - your husband can go to school while on AOS, since being on AOS gives him a legal status. No need to skip the school. He can also get the assistantship, since he will have his work permit.
 
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