Fernando V
Mar 24, 2022
Extending I-20 with a pending I-485
Hello all,
I am currently on an F1 student visa and I applied for I-140 (NIW) and I-485 concurrently. If I had an approved EAD, I would not need to worry about the following matter, but I have been waiting for it for more than 10 months.
My I-20 is expiring in a couple of weeks, and I am wondering whether people have experience with extending I-20 with a pending I-485. I am aware that I can legally stay in the States with a pending I-485, but I do need either an active I-20 or EAD to work on campus.
My lawyer is against the I-20 extension. However, I have read that it is in a somewhat gray area. Could you please share your experience? Thank you.
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gee dannyMar 24, 2022
what's your I-140 based on I guess self filed and NIW?
my answer will depend on that so do answer.
Fernando VMar 24, 2022
I filed NIW with help of immigration lawyer.
gee dannyMar 24, 2022
ok you may not like my answer, but getting NIW approved is tough unless you hold advanced degrees and have recognition in the field and have reference letter from top people from that field of study.
I would highly recommend to keep your I-20 or apply for OPT. In case, your I-140 doesn't go as planned you will still have F-1 as your status. otherwise you will end up with unlawful presence and NTA from immigration court.
DO NOT LISTEN to your lawyer here please keep your F-1 status active until you get your GC.
Cause, think about it you are applying for NIW. And if you are highly skilled why wouldn't employer hire you and sponsor for you?
Fernando VMar 24, 2022
Thanks for sharing your insight. I believe that I have a decent credential for an NIW case and I applied during my graduate degree. I did not expect getting EAD would take this long :(
Syed RahmanMar 24, 2022
talk to your international adviser. there are some point that if you apply for i485 you can not apply for opt. if you can extend your degree that you can. but you can not apply for opt or stem opt as it is contradictory. talk to your international adviser at your school.
Fernando VMar 24, 2022
Thanks for the feedback. I am not yet applying for OPT, but I would like to apply for an i-20 extension. I seriously hope that I can obtain I-485 EAD during the summer so that I don't need to apply for OPT..
N LMar 24, 2022
hello , I have the same case. I am also waiting for my ead since forever. it’s been 5 months for me already and I am graduating in June. and I am not filing for opt my lawyers recommend me against it. You can do nothing but wait.
Fernando VMar 24, 2022
Hello Nikita. I am not planning to apply for OPT either, but I would like to know people's experience with extending i-20.
N LMar 24, 2022
my university did not allow extension of i20 unless I enroll in another program which I don’t intend to do. I believe I would be a pending 485 status after graduation.
Fernando VMar 24, 2022
I see. I have some flexibility regarding my graduation, so extending I-20 would have no administrative issue. However, this does not mean that there is no legal issue :(
N LMar 24, 2022
what is your case timeline? now that they have decoupled ead and AP, you should get it sooner.
N LMar 24, 2022
did you try to expedite ?
Fernando VMar 24, 2022
I applied for I-765 10 months ago, but mine is completely stuck in Texas. Two expedite requests did not work well for me.
gee dannyMar 24, 2022
who said you cannot apply for OPT?
I applied for OPT and I-485 based on marriage one after the other
Waiting… WaitingMar 25, 2022
Hi Fernando.
After 14 months waiting, I finally received the approval on my I- 765 today.
I was a F-1 and my lawyer insisted on keep the I-20. I did not keep and ended without driver license (expired). I would say to you to maintain your status until you get at least your EAD. Good luck.
Waiting… WaitingMar 25, 2022
By the way, my office is also Texas
Fernando VMar 25, 2022
@Mary P. Thanks for sharing your valuable experience and suggestion. My lawyer insists that i-20 should not be extended after submitting I-485, but I am glad to hear that other lawyers suggest keeping i-20 instead.
Congratulation on your EAD! Hope that the rest of the process will be smooth for you :)
Waiting… WaitingMar 25, 2022
Thanks! I hope you get yours soon!
God bless you.
N LMar 25, 2022
thank you :)
S CNov 13, 2022
hi, can anyone please let me know- does the 90 day rule apply for I-20 extension? Can I apply for I-485 as soon as I-20 is extended? or do I need to wait for 90 days after I-20 extension to apply for I-485? Thanks
