sum eb2niw
Sep 11, 2023
should I leave F1 status on a pending i 485?
Hi guys,
I asked a lawyer abt my pending i485 case and she told me that it is safe to leave your F1 status as pending i485 means you are in status. I want to know if anyone of you know do all cases get approved? My PD is nov 25 2022. thanks in advance
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G ASep 11, 2023
is your I-140 already approved? it is safe since your status will be “pending I485” which is not technically a status but it’s known as lawfully presence, meaning you cannot go back to another status (except for the green card) while being in the US. if your I485 were to be denied (for example denied I140) then you will be out of status and with no option to change to another status but to leave the country and apply for a new visa/green card via consular aplication.
sum eb2niwSep 11, 2023
Thank you so much for the reply. my I-140 is approved but i was wondering whats the worst case scenario. i was reading some posts which says if i leave the f1 status and my i-485 gets denied i can not go back to f1 again.
Miracle ESep 11, 2023
@sum eb2niw My case is similar to yours except that I am no longer on F1 as I have a pending i485. My PD is August 2022. You are safe if your i140 is approved and rejection rate for i485 is extremely low for those whose i140 got approved.
J ASep 11, 2023
I have a same situation. My i-140 was also approved and my lawyer also told me to stop F1. I made a calculated risk due to retrogression as continuing F1 is costly at the same time an opportunity lost for me.
God has done it !Sep 11, 2023
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J ASep 12, 2023
@sum eb2niw if you filed for i-485 your F1 will not be cancelled but if you use your EAD/AP based on the i-485 then you are not on F1 anymore. Its really your choice whether to continue with F1 but most people do not continue due to financial constraints at the same time the opportunity to earn money. I would say if your PD is still too far from being current then it might be practical to leave F1 and start working. Again its your choice.
Le KaySep 29, 2023
@sum eb2niw and @Miracle E . I’m yet to be in a similar situation since my F1 (STEM OPT) will be expiring soon (Feb, 2024) and my approved I-140 PD is Jan,2023. Considering the current delays with the I-485 process,
Q1. should I apply to school again extend my F1 before apply for AOS incase my AOS is denied or
Q2. is there a possibility of applying for a second masters while having a pending i-485. Wondering if this is feasible since I-485 is showing immigrant intent and second masters (F1) is showing non-immigrant intent ?
