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Here on F1, filed 485 for Family sponsored visa questions

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  • Here on F1, filed 485 for Family sponsored visa questions

    I came to the US as an F1 student in 2012 and I am still a student and have maintained my student status. My mother came to the US later in 2012 on a tourist visa and later filed for asylum. She later married a US citizen and received her green card in early 2016. She then submitted an I-130 Petition for Adult Alien Relative (older than 21), which was received by the USCIS June 28, 2016 and approved May 6, 2020. When the Visa Bulletin, Part B, showed my receipt date was eligible to file for a F2B Visa, I filed my I-485, I-765, I-131 and various support forms and documents. My I-765 and I-131 were approved on 12/18/21 and I received my work authorization card, which also states that it “Serves as I-512 Advanced Parole”. I have not yet used the work authorization card to obtain a job or leave the country.
    I have some questions regarding all of this and the process and requirements going forward.

    My questions:
    1. Now that I filed my I-485 and I have my approved I-765 and I-131, does that mean I am now in the “Adjustment of Status” (AOS) process, and can remain in the US and find work without having to maintain my student status/F1 Visa?

    2. Or do I need to continue my student status while waiting for an interview for my I-485?

    3. If I use my EAD card to work, will the F1 Visa and status be automatically terminated and become an AOS status, regardless of whether or not I remain a student?

    4. Or is it OK to use the EAD card to obtain work and maintain my F1 student status, and is there any advantage to this?

    5. Regarding the Visa Bulletin, there are 2 sections applicable to me: “A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES” and “B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS”. As stated before, when my Part B date was current, I filed an I-485 (and other forms). My Part A date in the current Visa Bulletin is 22SEP15, and has been the same date for many months. If I get an interview before the Part A date is current, what happens to my case? Do they put my case on “hold” until my Part A date is current, and if so, what is my status during the hold time?

    6. If I am still required to be a student what happens if I graduate before the interview, or if I graduate after the interview but before the Part A date is current?

    Thank you all for your help!


  • #2
    1. Yes
    2. Going out of status while I-485 is pending will not affect your I-485
    3. Yes, your F1 status will automatically be terminated. You can go to school or not go to school, whichever you like
    4. No. Once you work outside of what is allowed in F1, you lose F1 status
    5. I'm assuming that your priority date was eligible to file I-485 according to USCIS chart https://www.immihelp.com/all-visa-bulletins/ on the month you filed? For some months, USCIS chooses the Date for Filing chart, and for some months, they choose the Final Action Date chart. You need to make sure that your priority date is allowed to file on the specific chart that USCIS used for the month that you filed.

    Your pending I-485 must wait for a month when a visa number is available for your priority date on the Final Action Date chart before it can be approved.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Newacct: Thank you very much for your quick replies. With regards to No. 5, yes, my priority date was eligible to file the I-485. You confirmed what I thought was the case.

      Comment


      • #4
        Originally posted by F1Ed485 View Post
        If I get an interview before the Part A date is current, what happens to my case? Do they put my case on “hold” until my Part A date is current, and if so, what is my status during the hold time?
        I have read a few posts about this. People get interviewed and the officer said that there are no Visas/GC available at that point, so your case "continues" until the priority date is current and a GC can be issued (the status is the same as an active I-485 AOS).

        I have seen people that get the GC (after the interview and the priority date became current) a couple of weeks after, a couple of months, or they ask again for the I-693 and the time varies after the sealed envelope is received by USCIS.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

        Comment


        • #5
          Enub4: Thank you for that information.

          Comment

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