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Maintaining F1 status while I 485 is pending

Published Apr 15,2016 By Jayanta Kumar Phadikar

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

 

 

 

Posted in I-485
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Jayanta
Jayanta
7 years ago

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
Simge
7 years ago

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
Tigran Kalaydzhyan
7 years ago
Reply to  Simge

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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