Retrogression - Maintaining status

curve100

Registered Users (C)
I need some advice.

I am currently on H1, and my I-485 was approved pending availability of visa numbers (retrogression). I've been advised to stay on my H1 incase something goes wrong with my application, however I plan to work on my EAD and abandon my H1.
Right now my fall back plan if we encounter an issue down the line (denial) is to re-enroll in school (F1). Does anyone know if this is possible? Or would I have to leave the country in order to apply for the F1 if the I-485 petition was denied?

Thanks
 
If the I-485 is denied, you can't switch to F1 inside the US. You have demonstrated immigrant intent, so they probably won't let you go to F1 status without first spending significant time outside the US to show that you have solidly reestablished ties outside the US.

If you lose your job, look for another "same or similar" job to preserve your I-485 and I-140 with AC21 portability protection.
 
Hi Jackolantern, thank you for your response. My I-485 is actually through my mother, not work.

Instead of F1, I probably should have said an I-20. I am not pressed to leave the country, so wouldn't need to apply for the F1 to re-enter. Do you know if what you said still applies to the I-20?

Thanks
 
Top