Please help! F-1 visa to file NIW & I-485

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NIWforF1

Registered Users (C)
Hello all,

I am currently a F-1 student and have gotten all the docs ready for I-140. I was planning to do self-petition for I-140 only this month. Now with the retrogression news, I wonder if I should file I-485 with I-140 before 10/1. I understand there is a risk that once my I-140 is denied, I will lose my F-1 status, that is why I will highly appreciate if you can give me some deep thoughts about it.

Brief background
- last year in a top university and have been working at a National lab as Research Assistant since 2002
- totally 7 letters, 3 independent letters from big guys in the field
- 3 journal letters for my current research, 4 journal letters for previous research and some conference letters
- very few citation

Another thing is my spouse is currently with H1-B. If I don't file the I-485 now, when the time comes that I am eligible to file I-485, she may pass the 6-year limit for H1 already.

Also, if I file I-485 at this time, I don't think I will have enough time for med exam. I wonder if I can send out everything else without the med exam, and wait for the RFE.

Millions thanks for your input!
 
You should file 140/485 concurrent. Once you file 140 (showing immigration intent), I doubt USCIS will give you any extensions of F1 (or for that matter, OPT). Once your studies are over, how do you intend to legally stay here? How do you intend to work without OPT? Only option is H1. If you file 485, you will be in authorized stay until your 485 is decided and you get EAD. Thus you won't have to bother about H1 or OPT.
 
jlllag1, thanks a lot for your thought.

My biggiest concern is what if my case is denied, how can I finish up my study in the states and stay here legally . I only have one more year to complete my Ph.D. degree. If the decision can come after I complete my study and transfer to H1, then at least I can still maintain legal stay in the states no matter my case is approved or denied.. But if my case is denied while I am still on F1, I don't know how I can finish up my study. My spouse is currently on her H1. I may be able to transfer to H4 but I don't think H4 is permitted to go to school.

I am in very deep dilemma now. On one hand, if I make the rush to file 140/485 together , I will face the big risk of losing F1 status and being unable to finish the school, on the other hand if I hold on the apply, I will have to wait with tons of sleepless nights and be stuck up with the same employer for long years.

Thanks a lot in advance for any comment and discussion on this issue.
 
First of all, you can study on H4. No problems with that. If you think that rushing to get your case submitted before Oct 1st is not going to help you any, you really should complete your studies (if thats a priority) and than apply for NIW or get H1 sponsorship and than apply for NIW. Or you can complete studies, get on H4 and apply for NIW.
 
I-140 deny won't stop you finish your Ph.D as long as you don't leave USA and try to re-enter in F1. I'd file I-140 and I-485 before 10/1 and apply H1 after school.

NIWforF1 said:
jlllag1, thanks a lot for your thought.

My biggiest concern is what if my case is denied, how can I finish up my study in the states and stay here legally . I only have one more year to complete my Ph.D. degree. If the decision can come after I complete my study and transfer to H1, then at least I can still maintain legal stay in the states no matter my case is approved or denied.. But if my case is denied while I am still on F1, I don't know how I can finish up my study. My spouse is currently on her H1. I may be able to transfer to H4 but I don't think H4 is permitted to go to school.

I am in very deep dilemma now. On one hand, if I make the rush to file 140/485 together , I will face the big risk of losing F1 status and being unable to finish the school, on the other hand if I hold on the apply, I will have to wait with tons of sleepless nights and be stuck up with the same employer for long years.

Thanks a lot in advance for any comment and discussion on this issue.
Click to expand...
 
jallg1, thanks a lot again, surely rush to submit my case before 10/1 means huge benefit to me if it can be permitted, but if it is denied, it also means huge trouble and unsteadyness to me.

austinjoe, thank you too. You mentioned that I-140 deny won't stop my finish of school, do you mean even if I file I-140 and I-485 cuncurrently? My understanding is once my I-140 is denied, then my I-485 is revoked and I will lose my current F-1 status. At the time, I only have two option to face - either leave the states or transfer to H-4. Is there any other option available to me?

At this point I decided to file 140/485 together for myself and my spouse...no time to wonder any more since every decision has potential cost and risk...have made medical appt. next Monday. I will still welcome any comment on this issue since another thing I should do now is get prepared if the worse situation came.


Thanks!
 
Yes, your I-485 will be denied should USCIS deny your I-140. This will bring you trouble to apply any non-immigrant VISA like F1, B1 in the future. You should still be able to finish your current Ph.D program. I am not sure that you will lost F1 status -- consult a lawyer if you wish to get this cleared.

NIWforF1 said:
jallg1, thanks a lot again, surely rush to submit my case before 10/1 means huge benefit to me if it can be permitted, but if it is denied, it also means huge trouble and unsteadyness to me.

austinjoe, thank you too. You mentioned that I-140 deny won't stop my finish of school, do you mean even if I file I-140 and I-485 cuncurrently? My understanding is once my I-140 is denied, then my I-485 is revoked and I will lose my current F-1 status. At the time, I only have two option to face - either leave the states or transfer to H-4. Is there any other option available to me?

At this point I decided to file 140/485 together for myself and my spouse...no time to wonder any more since every decision has potential cost and risk...have made medical appt. next Monday. I will still welcome any comment on this issue since another thing I should do now is get prepared if the worse situation came.


Thanks!
Click to expand...
 
You can submit your 485 without medicals. You will get an RFE when your 485 comes up for adjudication. Check with your lawyer on that. Also, as far as I am sure, your F1 does not lapse if your 140/485 gets denied, unless USCIS specifically revokes F1, which I don't see happening. But you will not get any extensions of F1, nor OPT nor will they let you in before a visit outside the country on F1. Also make sure that you get AP before you leave country, otherwise you will abandon your AOS, if you haven't done COS to H4.
 
Our I-140/485s is sent out...

Hello,

After couple of late nights and one sleepless night yersterday, we finanlly sent out our package. The fortunately thing is we got the chance to finish up the medical tests and inserted to the package at the last minute. I hope INS can issue us the notice of receipt before the deadline. I will keep my finger crossed.

We did the self-petition for NIW and will keep your guys posted. This forum has been of significant interests to me. Thanks for the help!
 
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