Renewal of F-1 visa while my Green Card Petition Pending

H

hpatel2011

New Member
I might have a unique situation.

My F-1 VISA Expires in June 2012, but I will have to travel to India in December 2012.
My wife is a Permanent Resident and has filied my GC Petition which I don't think will approved before by Dec 2012.

So, in Dec 2012 when I go to India I will be a current student in Masters of Engg. and I know I will have to go and renew my VISA.

Is my pending GC Petition gonna be a problem or would it make me ineligible to renew my student visa, so that I can come back and finish my master's.
 
When your visa expires how can you stay legally in US?

F-1 visa doesn't allow dual intent so, either you need to pick this or that.
 
Student's don't need VISA to stay in US, all you need is your valid i-20 to be legal. VISA in any case is just to go in and out of the country, it does not define your status in US, i-20 does.

I guess you are right, F-1 does not allow dual intent. But, what if I am half way done thru my studies and then I have to wait till my GC petition have a decision to complete my studies.
 
Please get the terminology correct.

WHAT has been filed? Was it merely an I-130? There is no such thing as a "GC petition". The path to immigrant status is in stages. What stage are you in? The form to seek adjustment of status inside the U.S. is the I-485. The alternative is Consular Processing abroad.

You cannot file an I-485 as a "preference" immigrant until your "priority date" is "current" on the Visa Bulletin.

You are confused about two independent yet interrelated immigration processes and statuses. See a competent immigration specialist (not the DSO) about your situation. If you make a wrong move you could be stuck abroad for years to come if you depart incorrectly.
 
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