Joezer Pinheiro Xavier
Aug 30, 2021
Student Visa renew vs EB2
I need to renew my F1 visa (student) and I applied for a EB2 visa through the i140 form. Does anybody here know if this could be an issue for my student Visa approval?
Also, in order to renew my student Visa I need to travel back to my country, anybody know if this could also be a problem to my process?
Lastly, if my student visa is denied, my current visa will be still valid? At least until the expiration date right? Thank you very much.
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veronika nikaAug 30, 2021
Since F1 visa is not a dual intent visa, I think that you will be denied the F1 visa renewal because you already showed immigration intent. If you will leave the US now, you will be probably denied the F1 visa at the embassy. Also your current visa may be revoke by the officer or it can be revoke at POE by CBP officer because the immigrant intent. If you already submitted the I-485 and you will not be able to enter the US back, you will abandon your green card application. If you submitted your I-485, you do not need to necessary maintain visa status and you will be still allow to stay in the US and probably also still study. I am not an expert on F1 visas, only had J1 visa but I am pretty sure that they work similar as both of them are not a dual intent visas.
Joezer Pinheiro XavierAug 30, 2021
thank you for taking the time to answer me. I applied just the I-140 and I am waiting for their answer. if they approve me I will apply for the I-485. Do you think this could change anything?
I am enrolled on a graduate program, and I need one more year of my F1 in order to finish the program.
veronika nikaAug 30, 2021
I still think that by filling the I-140 you shoved the immigration intent. I would first talk to your school if the renewal is possible after I-140 submission and I would also consider to have a talk to an experience lawyer. Do not leave the US without more information! Also if your visa number is available immediately, you can fill I-140 concurrently with I-485.
pro gcAug 31, 2021
you can ask your university international office to issue you a new i20 so that ur F1 status will remain intact. Do not visit without an AP(administrative Parole). you can apply for AP while filing i1485.
Jay LeeAug 31, 2021
Why try to renew your F1 visa? I was on F1 visa that expired in 2017 and I never renewed it, just continued school, even transferred to another college on completion of one degree w/o having to renew visa. I maintained status by having up to date I-20s
Joezer Pinheiro XavierAug 31, 2021
Hi Jay Lee, I understand what are you saying but I really need to travel outside the US for a couple of days. So I am trying to find the best solution for it.
Jay LeeAug 31, 2021
@ Joezer, ahhhh, yeah that does complicate the situation
Andrea GomezOct 19, 2021
you can travel outside the US to Renew your Student visa. I have the same case. you have independent cases. no worries. take care of your F1 status
Joezer Pinheiro XavierOct 19, 2021
@andrea g thanks for helping
Andrea GomezOct 19, 2021
my pleasure :) good luck
