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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Maintaining F1 status while I 485 is pending

Hello all.

Good Morning.

It would help me a lot if you could clear a confusion of mine.

I am in the process of obtaining a EB1-A visa. My I 140 has been approved and will apply for I 485. I am currently in F1-OPT status which will expire in March, 2017. I need to file my OPT in Texas center which usually takes 10 months and that means that I will know the approval/rejection decision around February, 2017.

I am trying to protect my F1-OPT status since in that way in case my I 485 gets denied, I will have some time to find a job and stay in US. I understand that as long as I use the OPT EAD card instead of the AOS EAD card for my employment, I am still considered to be in F1-OPT status. Could anyone clarify the same issue with Advanced Parole? If I use Advanced Parole to go to my home country and return in 2016, am I still considered to be in F1-OPT status or my F1 status is cancelled?

Thank you in advance for helping me with this.

Regards,

Jayanta

 

 

 

5 Responses to Maintaining F1 status while I 485 is pending

  • GCforPhD says:

    Hi Jayanta

    It is generally very rare that I-485 gets denied. Typical reasons for denial could be criminal, illegal status in the US, lie or fake application or missed fingerprinting. It generally would not get denied for being on an F1 visa.

    Coming back your question on AOS, if you use AOS then your status would be considered “pending I-485”, similar to is you had use F1-EAD.

    Hope this helps.

    Best wishes
    GCforPhD

  • Jayanta says:

    Dear GCforPhD team,

    Thank you for your answer.

    Thank you for your service with the DIY package. I used it for I-140 petition and found it to be very helpful.

    Regards,
    Jayanta

  • Simge says:

    Hi,
    I have been carrying student f1 visa since december 2013. If I apply for I-485, do I have chance to get approval and get a green card?
    And are they going to ask me what is my reason that I want to change my statues?

    Thank you

    • Tigran Kalaydzhyan says:

      Hi Simge,

      I am not familiar with your situation to tell if you have a chance of approval for I-485. Were you self-petitioning and your I-140 has been approved? Are you eligible to file I-485? If yes, then it does not matter what your previous status was.

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