Will applying GC greatly affect F1 status?

J

james5123

Registered Users (C)
Hi, Gurus:

I applied GC last year in the category of OR, up to now, my application is still pending. Now I am thinking of submitting the GC petition for my wife (I only need to submit I-485 and no I-140, right?).

However, she is now in F1 status. Per my understanding, unlike H1, which is dual intensional, F1 is supposed to be for nonimmigrant. I am just wondering whether applying GC will have detrimental effects on her F1 status. She needs to go back to her home country to do some research, can she still apply F1 to reenter US even after she submitted I-485? I know some people applied NIW while still on F1, what's your take on this situation?

Thanks a bunch!
 
> Now I am thinking of submitting the GC petition for my wife

At that time, you can apply for an EAD for her. She can continue to study on the EAD then.
BUT: If your OR petition gets denied, she would be out of status in a hurry. (do you have a valid visa at this time, have you filed your own 485 yet?)


> (I only need to submit I-485 and no I-140, right?).

Correct. For her you would file a I485+EAD+AP along with copies of your I140/I485 receipt notices.

The other poster is right. If you file for I485 there is no easy way back. She would have to wait for AP to come through before she can leave the country and return safely. If she tries to re-enter on her F1, (even if it is still valid and she has the I20 form), the pending I485 would come up on their computer and they might send her back at the border. If she needs to get a new visa, the consular forms ask whether she intends to immigrate, and a pending I485 is a pretty strong indication that she does.
(someone posted a similar scenario regarding TN visas here a couple of days ago)

Her F1 is not affected by your I140 or your I485, even though she is in some way a 'beneficiary' of your petition. Once SHE files I485 she has expressed immigration intent and is therefore bound to encounter problems with F1, B1, J1 visas.


( Not a guru, just someone who read stuff on this.)
 
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