Pending I-485 based on I-130

N

nayyora

New Member
Here is my situation:
-I entered the US with a visitor visa on Feb. 2005, changed to to student visa on Dec. 2005.
-I applied for I-130 petition through my father who is USC. I am unmarried and over 21.
-Got the approval notice on Oct. 2010.
-Applied for AOS I-485.
-Went for finger printing on Nov 2010.
-Went for an interview on Jan 2011, and was instructed not to renew my status until reaching a decision becasue no visa numbers are available. I am now under OPT which will expire on July 2011.

Now I called the immigration many times but was told not to do anything and wait till further notice. I contacted a lowyer and was told that I am about to be out of status (illegal) if I didn't renew my student F1 visa. Is that true? I thought I will be legal until a decision is reached even if I ran out of my student status? What should I do? am I in danger of risking my approval for the green card if I stayed after the expiration of my I-20 and the OPT?
Thank you for your help.
 
Thank you BigJoe5 for replying. I appreciate that, but do you know if I have to renew my status as a student, or I should't worr about it and I will be legally staying in the country even after the expiration of my OPT (from F1)?
 
nayyora said:
Thank you BigJoe5 for replying. I appreciate that, but do you know if I have to renew my status as a student, or I should't worr about it and I will be legally staying in the country even after the expiration of my OPT (from F1)?
Click to expand...

Your F student visa is now irrelevant. It should not be used at all. You should contact the DSO to cancel you out of SEVIS and simply be a student based on a pending I-485. Your F visa only had to remain valid until the I-485 was accepted. You should now have...or soon get an EAD category (c)(9) and advance parole, probably a new "combo card". Did you file the I-765 and I-131 with the I-485? If not, file now with a copy of the I-485 receipt notice.
 
I just filed an I-765 last Friday but was told by a friend (who's wife is an immigration lawyer) that it will not work since my original OPT is expiring on July 2011 and need to keep my status going until receiving the GC. I didn't get a reply from the USCIS yet, but do I need to do anything else for my status? or just wait for a GC when ever available, and keep renewing my EAD? Can I join schools under the pending AOS using the A number they provided me?
Thank you again for your time.
 
nayyora said:
I just filed an I-765 last Friday but was told by a friend (who's wife is an immigration lawyer) that it will not work since my original OPT is expiring on July 2011 and need to keep my status going until receiving the GC. I didn't get a reply from the USCIS yet, but do I need to do anything else for my status? or just wait for a GC when ever available, and keep renewing my EAD? Can I join schools under the pending AOS using the A number they provided me?
Thank you again for your time.
Click to expand...

The F student visa is NOT a dual intent visa. Once you filed for AOS the non-immigrant student status was no longer legally an option, it died.

Your current status is "AOS pending". Do not depart the U.S. without advance parole.

You did not mention having filed an I-131, I hope that was a mere oversight in your post rather than in your actions.



To report any incompetent immigration practitioner use form EOIR-44.
 
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