urgent!! after concurrent filing

[moon20012002]

Dear all:
I am holding F-1 visa right now. My husband and I filed I-485 based on pending I-140. What's my status right now? still F-1?
Can I apply for OPT (I will graduate this coming Dec.)
Thanks in advance.

Moon

 

[SunnyJ]

Your status is no longer F1. its an adjustee status. I believe you wont get the OPT either since OPT is for F1 status onlyl. You might get your ead for class c09.

 

[Sahin]

I DISAGREE

As long as you maintaining your F1 status, going to school, taking at least 12 credits and not using EAD based on I-485, you are still in F1 status.

However, you can should check with lawer. I know people did that before.

I am not a lawer.

 

[jbm]

I am also disagree with Sunny J. and agree with Sahin.

I am also disagreeing with Sunny J. and agree with Sahin.

By filing I-485 or getting EAD or AP doesn't change your status to adjustee. Only if you don't have any legal status then your status would change to Adjustee.

You might have some personal preference, but I was curious why want to maintain f1 status, because adjustee status is more beneficiary for me, as far as I think.

You get in-state tuition rate compare to international tuition rate (f1), You can get EAD so you and your dependent can work freely.
May be I don't know your particular situation. But consult your student advisor or hire/ consult good lawyer.

I hope this helps.

JB

Originally posted by sunny J.
Your status is no longer F1. its an adjustee status. I believe you wont get the OPT either since OPT is for F1 status onlyl. You might get your ead for class c09.

 

[moon20012002]

thanks: sunny J, Sahin, and jbm

Thanks for you guy's answer.
My lawyer asked me to change F-1 to H4 in case I-140 be denied. He said he has no concrete evidence about what's my status after filing I-485. however, the school advisor in international office said I am still F-1 and also can apply for OPT. Maybe I need call IIO to confirm that.
Thanks again.