AOS Pending > new F1. Possible?

[YesWeWillGet]

Hello All,

I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

I would really appreciate your feedback / inputs on this regard.

Thank you,

[gc_check]

Check with an attorney or the immigration coordinators in the school. F1 is not a dual intent visa, and once if you get F1, there might be some difficulties in getting back to AOS. Since you are in AOS, you should still be able to study in the school. Apply for an EAD and you if get assistance (TA/RA) you should be able to accept as you have a valid EAD. Other members in the forum, should be able to assist as well. Not sure, if there is any other reason to get on to F1 status, though you are in AOS.

[a_yaja]

Originally Posted by YesWeWillGet

Hello All,

I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

I would really appreciate your feedback / inputs on this regard.

Thank you,

As gc_check mentioned, check with your school coordinators or an immigration attorney. Changing to F1 might endanger you AOS and your GC. F1 is a non-immigrant visa and does not allow for immigration intent like H1B. Hence moving to F1 from AOS could be construed as abandoning you intent to immigrate, therefore USCIS can deny your I-485. This is just my opinion - so consult a good lawyer.
Secondly, why do you want to convert to F1 when you are on AOS? You should be able to get all the benefits of F1 like TA/ RA, on-campus employment (and off-campus too) if you have an EAD. That would be a safer route for you - if you do not already have an EAD, apply for one and after getting your EAD, apply for SSN. That is the way I would go.

[YesWeWillGet]

gc_check and a_yaja - I really appreciate your feedback and thank you.

I was thinking that I can get the F1 > Opt > H1 > File 485 thru EB2 Since my spouse's 485 is stuck in mud with priority dated 2003 EB3 category. So, I was wondering that can I have file my own 485 EB2 parallel to my spouse EB3. I would really appreciate if you could provide guidence or alternative approach. Once again, thank you for your thoughts.

Thanks,

[sdrblr]

I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"

[YesWeWillGet]

I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

Thanks,

[a_yaja]

Originally Posted by YesWeWillGet

I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

Thanks,

You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.

[YesWeWillGet]

First of all thanks for your valuable feedback.

FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).

So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?

Thanks,

[snathan]

Originally Posted by YesWeWillGet

First of all thanks for your valuable feedback.

FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).

So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?

Thanks,

You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.