Tweet
Hello! I have a question regarding the legal status while waiting for F2A visa. Hope anyone has the same situation could provide an advice...
I am married to a Green Card Holder and submitted the application while the F2A was current in September last year. My priority date was 09/26/2013, I passed the interview on 01/27/2014, and I-130 was approved. I am currently holding F-1 Visa, my F-1 visa (OPT) will expire on June, 2015. Considering the current visa bulletin date for F2A, it is very likely that I won't be getting the green card before my F-1 expires.
I filed I-485 along with I-130 when the visa was current, and I received the EAD that applied with I-485. My question is, will I be legally staying and working in the US after my F-1 expires? I realized that unfortunately many people are having the same situation because our PD were a few days later than the visa date, I wondering if anybody can share their attorney advise/experience regarding this matter. I was advised by an attorney to keep my F-1 visa while waiting for green card, and leave the US after my F-1 expires. He said my I-485 will be valid only if I have legal status (F-1) here, if I don't leave after my F-1 expires, then I will be out of status and will not be eligible to adjust the status and I-485 will be denied. I think his answer is contradicting, why would USCIS issue me an EAD to work if I am not allowed to legally stay here while I-485 is pending? I am very confused about this. I appreciate any response! Thank you so much!!!
I am married to a Green Card Holder and submitted the application while the F2A was current in September last year. My priority date was 09/26/2013, I passed the interview on 01/27/2014, and I-130 was approved. I am currently holding F-1 Visa, my F-1 visa (OPT) will expire on June, 2015. Considering the current visa bulletin date for F2A, it is very likely that I won't be getting the green card before my F-1 expires.
I filed I-485 along with I-130 when the visa was current, and I received the EAD that applied with I-485. My question is, will I be legally staying and working in the US after my F-1 expires? I realized that unfortunately many people are having the same situation because our PD were a few days later than the visa date, I wondering if anybody can share their attorney advise/experience regarding this matter. I was advised by an attorney to keep my F-1 visa while waiting for green card, and leave the US after my F-1 expires. He said my I-485 will be valid only if I have legal status (F-1) here, if I don't leave after my F-1 expires, then I will be out of status and will not be eligible to adjust the status and I-485 will be denied. I think his answer is contradicting, why would USCIS issue me an EAD to work if I am not allowed to legally stay here while I-485 is pending? I am very confused about this. I appreciate any response! Thank you so much!!!
Comment