When you have a pending petition, you are not out of status. if you cannot maintain another visa in the meantime, you will be considered out of status IF the pending petition is denied. you can start another petition or change of status depending of which path you are going to. As long as you have a pending petition you are not out of status. I had a J1 that expired. I applied to change of status to B1 (before mythe J1 expiration) and while it was pending I applied to EB2, which is approved already. I’m just waiting for the green card.

it’s tricky and sometimes an attorney can help you a lot. when USCIS starts adjudicating your I-485, they will for sure ask you for a proof of status during that trick timeframe. if you always had a pending petition, you can prove it. if you got 1 day out of status they can deny your green card. always hire an attorney if your situation is complicated

I already sent all my receipts (F1, B2 gap F1 and B2 extension for gap), copy of my 2 visas and my DS-2019 with the i-485.

The company who’s doing my eb-3 process said it was ok for me, but now a lot of people is saying that is wrong and I’m worried.

they will probably ask for it again. it all depends of the officer being nice or not. if you have it, it’s fine. I was supposed to receive only RFE for Medicals. I got 5 requests in the RFE, including documents already sent and proof of status for my “gaps”. I had everything and sent to them. there’s a 100% chance of approval. If any officer deny it, it’s against the law and the attorney will handle it. they denied my I-485 with no reason last year. I received a letter saying that I needed to leave the country. It was a completely mess. My attorney handled everything and I received a letter from USCIS apologizing for their arbitrary mistake. They also sent my I-140 for consular processing even with me being inside the US… LOL… I’ve been thought a lot of headaches… but since everything in my case is lawful and real, the attorney has the power to make it happen.

just got an update that my card is being produced! 🙏🏼🙏🏼🙏🏼 43 days after RFE received by USCIS. I can say that all information above worked 100% for me.

thanks for sharing that with me! how long did you wait for your change of status before apply for the i-485? it was above 180 days? and congratulations on yo ur card, I’m so happy for you!

thank you! I waited basically 176 days. we wanted to send everything before our visa / extension time frame expire. anyway the answer for those extensions was around 250 days.

my 3 request for changing of status and extension has over a year and no update.

my friend got denied 3 months ago... I think it will depend on the officer who will take your case, in his case, the officer said that if he applied eb3 and f1 together it was dual intent and he cannot have dual intent in F1. He's going back to his country, because when he was denied the i485 he didn't have the status to stay here anymore. 😞

oh really????? I’m so afraid, because I applied to the F1 in nov 2020 and the ajuste of status on august 2021