Getting F1 after abandoning I-485

[jjaspirant]

I'm currently on an L1 and have an EAD (I filed the I-485 in July 2007). My priority date is February 2007 and I'm in the EB3 category.
I'm planning to attend school full time starting in 2010. I'm willing to abandon the pending GC process. I've heard that there is a chance my F1 visa can be denied since I've already applied for the I-485. Could you help with the following questions:

* Can I change from the L1 to F1 status without leaving the US?
* If I have to leave the country to apply for the F1, can it be denied even if I abandon the GC application?
* Can I go to school on the EAD with the AOS pending?

[Telugus_Flooding_USA]

u've displayed the intention to immigrate. F1 can not be given if you've intent to immigrate. even though u have cancelled ur AOS. its tricky..consult a top lawyer.

[rockstart]

Originally Posted by Telugus_Flooding_USA

u've displayed the intention to immigrate. F1 can not be given if you've intent to immigrate. even though u have cancelled ur AOS. its tricky..consult a top lawyer.

By canceling your I 485 you are displaying your intent not to immigrate. But if you look at the DS 156/157 forms there is a column stating has any one filed immigrant petition on your behalf? and in your case the answer will be Yes then once you explain Visa Officer it is entirely upto him/ her on how to decide your case.

[cdeneo]

Though risky - you may be better off going back to school while your I-485 is pending rather than withdrawing your application and trying to get a F1 visa. Looking at your PD, it may take a long time for your GC to come thru unless there is some sort of a legislative fix.

You will be in status when attending school with your AOS pending - the risk you run by going to school when I-485 is pending is of getting an RFE along of the lines of producing an EVL or similar job related RFE's when not working. If you can have a company produce a letter that states they will give you a job (future employment) when your GC comes thru then you are safe (not easy to do, especially in today's economy).

If you do get a RFE for information that you cannot produce will result in your I-485 being rejected - this would mean continuing your education would be a problem too.

As mentioned on this thread before, getting a F1 visa is 50-50 shot, something that you don't want to risk since if rejected then you've lost your GC application for nothing.

Do weigh in your options and figure out your risk tolerance level

I hope this helps...

[jjaspirant]

Thanks for the info. I've been thinking about going back to school with the EAD and hope that the I-485 does not come up for review.

My employer usually revokes the I-140 after people leave or are laid off. My I-140 is approved and I-485 is pending for more that 180 days.

Does the RFE come immediately after the I-140 is revoked by the company or does it only come when the I-485 is picked for adjustment. My PD is Feb 2007.