adam smith
Jul 13, 2025
approved NIW with 29-Nov-2023 PD
i am from the row and have an approved NIW with PD 29-Nov-2023. My STEM OPT expires on 30-Nov-2025. Should I wait for Adjustment of Status (AOS) in US or start preparing to go home and do Consular Processing? This whole thing is taking too long and it is extremely frustrating at this point.
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A IJul 13, 2025
Consult with your attorney and plan your immigration steps carefully. You have an additional two months of lawful stay after your STEM OPT expires. There is still time to apply for adjustment of status cause It is highly likely that your priority date will become current before November 2025.
L FJul 14, 2025
wait till October visa bulletin .. you should be safe
M MJul 14, 2025
I think your PD will be current for filling in October 2025
Mrs MrsJul 14, 2025
I am not a fan of consular processing and it takes longer than AOS and anyone can be denied with it compared to AOS. community college or day 1 CPT is enough to maintain your status.
Get a new I20 and go back to school.
Kar NIW i140-Nov 2023’Jul 14, 2025
@adam smith
Let me share what my lawyer told me about this, and this is considering that by October Max, God bless we will be able to start the AOS…
-., It’s better to stay in the US for the AOS, be enrolled at any school for a Master’s or something similar, even if you’re ready to file the I-485.
When you file the I-485, it’s actually your choice to drop your F1, J1, or whatever visa you have and go into a sort of “no status” period while waiting. That’s not recommended, because if your case gets denied, you’ll have no valid status and would have to leave the country.
By staying enrolled, you keep your student status and have more options if anything goes wrong.,
• What I will try to do is,
I’ll try to keep going in my school,
wait to do my AOS,
and keep studying until I get the card in my hand.
f cJul 14, 2025
@Kar NIW i140-Nov 2023’ what of people already here with dependents , will they have to leave the country?
Anu OJul 14, 2025
@f c If you follow what @Kar NIW i140-Nov 2023’ shared, your dependents will be given another i20 when you get another i20. Once you are safe, they are safe. The best bet for @adam smith is to go for day 1 CPT or college to maintain his status pending the AOS. All the best to you all
Kar NIW i140-Nov 2023’Jul 14, 2025
Hi @f c , just like @Anu O explained, your dependents follow your status.
If you to stay, they will stay too. If you're found ineligible or your status is terminated, everyone will follow your status.
About the AOS.,
as we go through the process of filing the AOS I485, it’s important to maintain your current status IMO, avoid the “No Status” option.
This uncertainty we’re facing should teach us to be exceptionally careful with every step we take.
Ginet C.Jul 14, 2025
@Kar NIW i140-Nov 2023’ I came like International Student 10 years ago. I had F1 and I was blessed to apply for AOS in Nov 29/2022 before retrogression began... I completed my Master's and I wanted save money and also I was enrolled in school like 8 years. For this reason, I wanted to stop to study! unfortunately, after 1 year my I-140 was denied, my lawyers appealed this decision 1 month after and at the same time I re-apply for a new I-140 but in another processing center. I've been waiting for a decision for about 16 months and still nothing... even though my initial application was denied, my AOS is still valid. They haven't denied it, and I'm about to complete two years in this November after my denial, but I'm still with status. So, what I'm saying is that if they deny your I-140, they don't necessarily automatically deny your AOS. It can take a long time ... I'm an example of this.
Kar NIW i140-Nov 2023’Jul 14, 2025
@Ginet C.
Thanks for sharing your journey, really valuable for others to see.
Just to clarify a key point (if someone else is reading and ain’t familiar with this situation):
• Your current I-485 is only still pending because your lawyers filed an appeal (or motion) after the first I-140 was denied.
• That keeps the case from being immediately closed, but it doesn’t mean you’re in a secure “status.” It’s more like authorized presence,
• if that gets denied, you’re left without status unless you have an i20 or equivalent active.
Also, since your new I-140 was filed after the denial, you’d have to wait for that to get approved before filing a new I-485 “for NIW” (the old one doesn’t just transfer over).
This could add many more months, during which you’d be in the same vulnerable situation.
-> So the main risk is timing: if your pending I-485 tied to the old I-140 gets denied before your new I-140 is approved, you’d have no basis to stay, and filing a new I-485 would be too late inside the U.S. (because you’d already be out of status) unless you kept your i20.
For anyone else following:
✅ Extending your I-20 while an I-140 is pending is fine (I’ve done it twice).
❌ But once you file an I-485, you can’t simply “go back” to F1, and you depend entirely on that case. If denied, there’s nothing to keep you here legally.
Hope it all works out well for you, but just highlighting these timing gaps so the others can have an insight and can plan carefully!
Ginet C.Jul 14, 2025
@Kar NIW i140-Nov 2023’ You're right...at this moment I don't have a secure status because in any moment my I-485 will be denied. but in the @adam smith case could be different because He already has a I -140 approved. It makes the difference! So, if he has the chance to apply for AOS in the next months...he can do it! and and abandon their student status. Because not everyone is willing to study and spend much more money than they've already invested...but that's a personal decision for each person based on their own circumstances...
adam smithJul 15, 2025
@A I @L F @Anu O @Ginet C. @Living Hope @Kar NIW i140-Nov 2023’ @Mrs Mrs @M M after seeing August Visa bulletin earlier today, I am no longer sure if I will be able to file based on DOF come October 2025…. it is super frustrating and a shitshow
Anu OJul 15, 2025
@adam smith, @Ginet C. and @Kar NIW i140-Nov 2023’ are both right. However, I will go with @Kar NIW i140-Nov 2023', just maintain your status with either going to less expensive college. All the best
L FJul 15, 2025
@adam smith you still have a good chance DOF is what important for you .
if you have 50k$ try the E2 visa
Anil SJul 17, 2025
My PD is Nov 24, 2023. Is it possible I can adjust my status in October or January 2026. My current visa ends on Feb 28, 2026. Is there a chance I can adjust my status by then !
