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Abandon f-1 status?

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  • #1

    Abandon f-1 status?

    Hi,

    I am on f-1 status and have pending i-485. I am currently doing my masters degree.My attorney was recommending to continue holding my f-1 status, but the question is I will be graduating this December. The reason behind attorney recommending me to hold my f-1 status is that in case my i-485 is denied, so that I can fall back to my f-1 status, which is logical. My interview date will be approximately in May of 2020. I am kind of confused which way to go. In either case I won't be in f-1 status, which is pushing me towards abondoning my f-1 status. If anybody is in the same shoes, please advise. Thanks
    03/05/2019 Filed concurrently EB3 Regular
    05/20/2019 Receipt Notice received
    06/21/2019 i-140 approved
    8/9/2019 Case transfer to NBC notice received
    8/24/2019 Biometrics appointment 09/05/2019
    8/30/2019 RFE for my wife, Courtesy letter for me
    9/16/2019 Interview Ready for Schedule
    9/17/2019 Interview Scheduled
    9/21/2019 Interview scheduled for October 28th
    10/17/2019 EAD approved
    10/24/2019 EAD/AP received
    10/28/2019 Interview Completed
    11/25/19 New card being produced
    Tags: None
  • #2
    Can you still do OPT with your F1 even though you already applied for i-485? That would enable you to extend your visa, no?
    AOS from F-1, married to USC (SSM)
    San Antonio Field Office

    01/14/19 - Receipt of concurrent filing (I-485, I-130, I-765, I-131)
    02/06/19 - Biometrics walk-in completed
    04/03/19 - Ready to be scheduled for an interview
    08/08/19 - Interview
    08/09/19 - Case approved
    08/15/19 - Green Card in hand
    ---
    05/21/21 - I-751 Case Received
    06/02/21 - Check cleared / text message acknowledging receipt of case
    06/07/21 - I-797 Received in Mail


    ​

    Comment

    • #3
      Originally posted by polkaparty View Post
      Can you still do OPT with your F1 even though you already applied for i-485? That would enable you to extend your visa, no?
      There is no such thing as extending F1 visa - must get a new one once current visa expires. You are correct about OPT though. fdb2171 should apply for EAD if circumstances allow and ride that till AoS is complete.
      fdb2171: why are you saying "In either case I won't be in f-1 status"? It is perfectly fine to continue your visa status till the day you have your green card.
      2018 Marriage-based AOS (I-130, I-485, I-765)
      07-09: Package Delivered to USCIS Chicago Lockbox
      07-17: NOA texts & emails (~10:30 pm)
      07-17: Checks cashed
      07-20: 3 NOAs received in the mail
      07-27: Biometrics letter in mail; scheduled for 08-08
      07-30: Biometrics done; USCIS received on 07-31
      08-02: RFIE for proof of legal employment; replied 08-04
      08-08: USCIS received RFIE, case no longer on hold
      10-04: AP approved
      11-28: Case Ready to Be Scheduled for Interview
      11-29: EAD approved

      Comment

      • #4
        Originally posted by hpx3000 View Post

        There is no such thing as extending F1 visa - must get a new one once current visa expires. You are correct about OPT though. fdb2171 should apply for EAD if circumstances allow and ride that till AoS is complete.
        fdb2171: why are you saying "In either case I won't be in f-1 status"? It is perfectly fine to continue your visa status till the day you have your green card.
        My EAD has been applied with i-485 already. My degree ends in four months, will they allow me to apply for another EAD while I have one from my pending i-485?
        03/05/2019 Filed concurrently EB3 Regular
        05/20/2019 Receipt Notice received
        06/21/2019 i-140 approved
        8/9/2019 Case transfer to NBC notice received
        8/24/2019 Biometrics appointment 09/05/2019
        8/30/2019 RFE for my wife, Courtesy letter for me
        9/16/2019 Interview Ready for Schedule
        9/17/2019 Interview Scheduled
        9/21/2019 Interview scheduled for October 28th
        10/17/2019 EAD approved
        10/24/2019 EAD/AP received
        10/28/2019 Interview Completed
        11/25/19 New card being produced

        Comment

        • #5
          Originally posted by polkaparty View Post
          Can you still do OPT with your F1 even though you already applied for i-485? That would enable you to extend your visa, no?
          I don't know if they allow me to apply for another work permit, since I have one coming from my pending i-485.
          03/05/2019 Filed concurrently EB3 Regular
          05/20/2019 Receipt Notice received
          06/21/2019 i-140 approved
          8/9/2019 Case transfer to NBC notice received
          8/24/2019 Biometrics appointment 09/05/2019
          8/30/2019 RFE for my wife, Courtesy letter for me
          9/16/2019 Interview Ready for Schedule
          9/17/2019 Interview Scheduled
          9/21/2019 Interview scheduled for October 28th
          10/17/2019 EAD approved
          10/24/2019 EAD/AP received
          10/28/2019 Interview Completed
          11/25/19 New card being produced

          Comment

          • #6
            Originally posted by fdb2171 View Post

            My EAD has been applied with i-485 already. My degree ends in four months, will they allow me to apply for another EAD while I have one from my pending i-485?
            Don't apply through OPT then. Most EADs are approved within 7 months so hopefully you get yours soon. Since you've applied for marriage based AoS, you're safe even after your F1 period terminates. Just can't work, unfortunately.
            2018 Marriage-based AOS (I-130, I-485, I-765)
            07-09: Package Delivered to USCIS Chicago Lockbox
            07-17: NOA texts & emails (~10:30 pm)
            07-17: Checks cashed
            07-20: 3 NOAs received in the mail
            07-27: Biometrics letter in mail; scheduled for 08-08
            07-30: Biometrics done; USCIS received on 07-31
            08-02: RFIE for proof of legal employment; replied 08-04
            08-08: USCIS received RFIE, case no longer on hold
            10-04: AP approved
            11-28: Case Ready to Be Scheduled for Interview
            11-29: EAD approved

            Comment

            • #7
              The reason why I said I will lose my f-1 status in either case is that since school is about to finish and in case they don't allow me to apply for another EAD. I have to wait until interview date in my pending AOS.
              03/05/2019 Filed concurrently EB3 Regular
              05/20/2019 Receipt Notice received
              06/21/2019 i-140 approved
              8/9/2019 Case transfer to NBC notice received
              8/24/2019 Biometrics appointment 09/05/2019
              8/30/2019 RFE for my wife, Courtesy letter for me
              9/16/2019 Interview Ready for Schedule
              9/17/2019 Interview Scheduled
              9/21/2019 Interview scheduled for October 28th
              10/17/2019 EAD approved
              10/24/2019 EAD/AP received
              10/28/2019 Interview Completed
              11/25/19 New card being produced

              Comment

              • #8
                Originally posted by hpx3000 View Post

                Don't apply through OPT then. Most EADs are approved within 7 months so hopefully you get yours soon. Since you've applied for marriage based AoS, you're safe even after your F1 period terminates. Just can't work, unfortunately.
                I am in Employment based green card.
                03/05/2019 Filed concurrently EB3 Regular
                05/20/2019 Receipt Notice received
                06/21/2019 i-140 approved
                8/9/2019 Case transfer to NBC notice received
                8/24/2019 Biometrics appointment 09/05/2019
                8/30/2019 RFE for my wife, Courtesy letter for me
                9/16/2019 Interview Ready for Schedule
                9/17/2019 Interview Scheduled
                9/21/2019 Interview scheduled for October 28th
                10/17/2019 EAD approved
                10/24/2019 EAD/AP received
                10/28/2019 Interview Completed
                11/25/19 New card being produced

                Comment

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