Filed AoS on F1 (Student) While H1 is Pending

[AOSWaitIsLong]

Hello everyone, I concurrently filed AoS (F2A) in September here as a student (F1). My H1B petition is pending and I have just filed response to the H1B RFE. If my H1B is approved, does it affect my i-485 because my status at the time of filing was F1 and after approval it would be H1B? Is there any chance i-485 could be denied on this ground? Should I just withdraw my H1B application?

Thank you

[AOSWaitIsLong]

Hi Stormlead86, I was going through similar threads and thought you might have some advice regarding this. Can you please let me know what you think about this, or suggest someone else here on the forum who might?

Thank you

[newacct]

Hello everyone, I concurrently filed AoS (F2A) in September here as a student (F1). My H1B petition is pending and I have just filed response to the H1B RFE. If my H1B is approved, does it affect my i-485 because my status at the time of filing was F1 and after approval it would be H1B? Is there any chance i-485 could be denied on this ground? Should I just withdraw my H1B application?

Thank you

There shouldn't be any problem.

[Stormlead86]

AOSWaitIsLong there won't be any issue, AOS process and Work Permits (H1B, L1) are completely separate process with their own pipeline. they wont affect each other. matter of fact i am awaiting AOS interview and i still have a pending H1B RFE.

[sf2019july]

AOSWaitIsLong there won't be any issue, AOS process and Work Permits (H1B, L1) are completely separate process with their own pipeline. they wont affect each other. matter of fact i am awaiting AOS interview and i still have a pending H1B RFE.

What is your H1B RFE for? I am also waiting for an AOS update and also H1B amendment approval. For me, both are being pending for a while. Seems like even I might get an H1B RFE. I really hope to stay on H1B valid status, until my greencard is approved.

[Stormlead86]

What is your H1B RFE for? I am also waiting for an AOS update and also H1B amendment approval. For me, both are being pending for a while. Seems like even I might get an H1B RFE. I really hope to stay on H1B valid status, until my greencard is approved.

Apparently my company Lawyers forgot to add the Detailed Service agreement and Client letter, the two most valuable things when sending for H1B approval. go figure, ill msg you my company name via PM but just to let everyone know it is an Indian IT service company with 100000+ employees.

you being an F2A need to be in status, but even if you get an RFE you still have 240 days and you can upgrade to premium on the 7th Month, only issue will be the DL. Man i had my time with the CA DMV.

[sf2019july]

Apparently my company Lawyers forgot to add the Detailed Service agreement and Client letter, the two most valuable things when sending for H1B approval. go figure, ill msg you my company name via PM but just to let everyone know it is an Indian IT service company with 100000+ employees.

you being an F2A need to be in status, but even if you get an RFE you still have 240 days and you can upgrade to premium on the 7th Month, only issue will be the DL. Man i had my time with the CA DMV.

haha. That sounds like my company too, forgetting the most important documents for H1B. I really hope I won't get an RFE though.
Is it mandatory to maintain my H1B visa status even when AOS is pending? Just for worst case, wondering if it will it be ok if my H1B got denied and I have AOS pending status.

[Brown sg]

This site has been helpful,
Priority date april 2019
biometrics July 2019
Moved case from new Jersey to NC SEPTEMBER
EAD IN HAND SEPT
GC INTERVIEW RALEIGH OCTOBER 29TH

[Stormlead86]

sf2019july Yup, As long as its a properly filed 485 (means you were in Status when you filed, again F2A) you are allowed to stay as long as the 485 is pending.

why i am saying F2As need to maintain status as well just because it makes them safe, even if 485 gets denied they will be in status and can take other necessary actions instead of accruing Unlawful presence. legally speaking, they need not maintain status one they have a 485 pending.

once again to remind you, the moment you use that AOS EAD (hopefully you get GC interview soon) instead of the H1B, you will lose that H1B status, so be careful.