F-1 visa expiring I-130 (married to a LPR) just received What are my options?

[Maya1]

Hello,
I am married to LPR. I am currently on an F-1 visa that is expiring at the end of April. I have 60-day grace period after the exp date. My husband filed i-130 to petition me which has been received and we have received the initial notice of action stating our case was received. At first without knowing about priority dates i have concurrently sent in the i-485, which was rejected, but his files were kept and is currently under "Case received" status on USCIS website.
I have a few questions:
The date for filing on the Visa Bulletin has been moving up very quickly within the past couple of months and i am really hoping it would keep on doing it till June When I can possibly send in my I-485.
However, If the status of the i-130 still remains as Case received. Can i send the receipt notice along with my i-485 if the DATE FOR FILING comes current?
Is there any chance for me to apply for another degree and extend my i20 while the i-130 is under the case received status? I am not sure if there is a difference between pending and " case received"?
Please help. I really need some opinions on this. If i can adjust status from within US I would really like to do that instead of going home and waiting for the FINAL ACTION DATE to come current which adds another year and a half approximately.
I want to consult with an attorney, but at the same time I don't want to do so, if all they are going to say is sorry you have to go back and wait till a visa number is available. Please respond to my thread if you are in a similar situation or have been in one.
Also, I do not get to have OPT, because I had a full time CPT during my MBA program, and work is not willing to do H1B

[azblk]

Hello,
I am married to LPR. I am currently on an F-1 visa that is expiring at the end of April. I have 60-day grace period after the exp date. My husband filed i-130 to petition me which has been received and we have received the initial notice of action stating our case was received. At first without knowing about priority dates i have concurrently sent in the i-485, which was rejected, but his files were kept and is currently under "Case received" status on USCIS website.
I have a few questions:
The date for filing on the Visa Bulletin has been moving up very quickly within the past couple of months and i am really hoping it would keep on doing it till June When I can possibly send in my I-485.
However, If the status of the i-130 still remains as Case received. Can i send the receipt notice along with my i-485 if the DATE FOR FILING comes current?
Is there any chance for me to apply for another degree and extend my i20 while the i-130 is under the case received status? I am not sure if there is a difference between pending and " case received"?
Please help. I really need some opinions on this. If i can adjust status from within US I would really like to do that instead of going home and waiting for the FINAL ACTION DATE to come current which adds another year and a half approximately.
I want to consult with an attorney, but at the same time I don't want to do so, if all they are going to say is sorry you have to go back and wait till a visa number is available. Please respond to my thread if you are in a similar situation or have been in one.
Also, I do not get to have OPT, because I had a full time CPT during my MBA program, and work is not willing to do H1B

Yes you are still on valid F-1 and can start another degree program while you wait for your priority date to become current. I would not leave the country though as you can have issues returning with F-1 with i-130 pending as you now have immigrant intent. CBP has mostly been looking the other way for people in your shoes but with Trumps intent to reduce immigration to the US they are making it very difficult for all and closing these administrative loop holes.

[Maya1]

Yes you are still on valid F-1 and can start another degree program while you wait for your priority date to become current. I would not leave the country though as you can have issues returning with F-1 with i-130 pending as you now have immigrant intent. CBP has mostly been looking the other way for people in your shoes but with Trumps intent to reduce immigration to the US they are making it very difficult for all and closing these administrative loop holes.

But would other universities be willing to extend my I20 knowing that there is sprouting in place? Because my current school refused to extend my I20

[scientist2016]

But would other universities be willing to extend my I20 knowing that there is sprouting in place? Because my current school refused to extend my I20

Universities do not have a say or need to know about your pending I130. The reasons for non-extension of I20 would be: Your MBA program has ended and hence the I20 cannot be extended. But if you enroll in a different program, yes you will get a new I20 which will extend your stay. You can file I485 when your PD becomes current, as long as the I130 has not been rejected i.e., it need not be accepted to file I485, you can file using the receipt number.

[azblk]

But would other universities be willing to extend my I20 knowing that there is sprouting in place? Because my current school refused to extend my I20

You just need to start another degree program to get another i-120.

[Maya1]

Universities do not have a say or need to know about your pending I130. The reasons for non-extension of I20 would be: Your MBA program has ended and hence the I20 cannot be extended. But if you enroll in a different program, yes you will get a new I20 which will extend your stay. You can file I485 when your PD becomes current, as long as the I130 has not been rejected i.e., it need not be accepted to file I485, you can file using the receipt number.

Thank you for your response. If the DATE FOR FILING I'd current and my I130 is still pending can I send my I485?

- - - Updated - - -

Universities do not have a say or need to know about your pending I130. The reasons for non-extension of I20 would be: Your MBA program has ended and hence the I20 cannot be extended. But if you enroll in a different program, yes you will get a new I20 which will extend your stay. You can file I485 when your PD becomes current, as long as the I130 has not been rejected i.e., it need not be accepted to file I485, you can file using the receipt number.

Thank you for your response. If the DATE FOR FILING Is current and my I130 is still pending can I send my I485?

[scientist2016]

Thank you for your response. If the DATE FOR FILING I'd current and my I130 is still pending can I send my I485?

- - - Updated - - -



Thank you for your response. If the DATE FOR FILING Is current and my I130 is still pending can I send my I485?

See my reply above. When your PD becomes current, you can file I485, whether or not your I130 has been approved, as long as it has not been rejected.