Questions, please

[helen2]

I have some questions to ask, please ...

I am a RN and currently in F1 status. My F1 will expiry on 01/01/03. I try to file I-140 and I-485 concurrently at the end of this month or next month to Vermont center. I was told while 1-485 pending the applicant can stay in USA with an expired visa. My questions are as following:

1. how to define the pending period? It starts at the time I file I-485 or starts at I received a notice from INS?

2, Usually how long I will wait to get the receipt from INS?

3. Do you think I need to change my status in case my F1 expired and in the meantime my pending period does not start yet? I can change my status to H4 if necessary (my husband in here with H1B).

4. If I change my status after I filed my I-140 and I-485,. what I should do then? need to notify INS about this? It will affect the process time of my I-140 and I-485?

thank you,

helen

 

[jaxen]

Answers..

1. From Receipt date of 485,

2. generally within a month, shorter depending on service center. See trackers for historical trend.

3. Generally the RD will start from within a week from your mailing date (try express mail with delivery confirmation). So you are fine. however, a F1 has to apply for EAD and should be on EAD ASAP when 485 is pending. So apply for EAD (I765) also.

4. Will cause complications. But if the COS is legal, the change of status is not an issue. As a precaution apply for EAD and AP (I131)