transfer to F1 at I485 stage

[waitingformyGC]

Hello,

This is my situation: My husband and I are in the I485 stage and passed 180 days. However, he was laid off and now is looking for a job. I am currently studying in a local university. We worry that I485 may be rejected although we know that we can use AC21 as long as he can find a similar job. But we want to prepare for the worst case scenario.

Since I have the admission for the school, can I transfer to F1? If not, why? If yes, when will be the best time (now or wait until we get rejected)?

Thanks for any advice!

 

[Raj1994]

Transferring to F1 is very hard once you have filed I-140/I-485. This is because F1 requires nonimmigrant intent and the intention to go back to your home country whereas you have already shown intent to permanently immigrate into the US. The only statuses that are easy to obtain after one shows immigrant intent are H1B, H4, L1 and L2. But its not absolutely impossible to get the F1. If you can show genuine reasons, like really wish to finish school, and that you have given up your immigrant intent because of better prospects at home, family issues etc. then you might get it. No point in applying for F1 now. If you get rejected for I-485, then you must have another valid status to remain in the US (H1B, H4, L1 or L2), or must file for change of status as soon as possible. Trying to get F1 might buy you time as the INS/BCIS might take a while to review your case, and you can stay in the US until they adjudicate the matter. Perhaps consulating a qualified attorney might help.