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F2A with cspa moved to F1?
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kefisa
1/16/2014 7:30:25 AM
Total Posts: 4
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hello amazon i am new here like the forum alot of good info ive a few challenging questions.. i hope you could get me an answer for some of the my case is a bit long so i tried to do it short as possible. . my name is kel i am israeli citizen. my date of birth 11/28/88 its starts while my dad(bora-green card holder at that time) apply i130 petition for me on 8/25/09 i130 aproved on 9/20/10 under FB2A CSPA (i130 filed 8/25/09) i485 filed on 9/7/10and i765 for EAD on same time(VB was1/1/10) ASC appt for i485 and i765 on 11/1/2010 Interview appt at USCIS on1/11/11(VB back to 1/1/08 under FB2A) --and then i got notice of file transfer to NBC on 6/17/11 On 2/11/11 bora(patitioner) naturalizaed On 8/17/11(lawyer) advice NBC :(patitioner)naturalizaed I have to say that all this time i was under F1 status and im still maintain F1 since it was aprove on 10/3/08(transfer schools) (Enter to US with B2 at 5/26/08 and applying COS to F1 on 7/25/08) for now ive my F1 keep going to school and (renew EADs since 9/20/2010 untill now) my questions is: -if i can drop the F1 status and stay on i485 TSP? -if i485 denied for any reason can i apply for any other visas? -if i keep F1 and in some point while waiting to PD, 485 is denied. can i file COS to E1/2 or H1 while im in the US (if i meet the requirements for the status)? -anther question: can i get OPT from school if ive i485 pending? thank you so much sorry if a bit long :)
jvanhuynh
1/16/2014 6:34:00 PM
Total Posts: 14
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When you are in I-485 pending, you are no longer in F-1 status. When your I-485 is denied, you will lose your F-1 status, no way to stay in US legally. If your I-485 is denied, maybe you are out of status (F1) so once out of status, you are not eligible to Adjustment status.
kefisa
1/16/2014 7:53:44 PM
Total Posts: 4
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my lawyer told me that i can keep my F1 student status, and my i485 at the same time.. so im a bit confused [bored]
jvanhuynh
1/16/2014 9:07:42 PM
Total Posts: 14
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I wonder why now you still dont have a Green card since you file I-485 on 9/7/10. Why this case takes too long time.
kefisa
1/16/2014 11:23:02 PM
Total Posts: 4
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[quote]On 2/11/11 bora(patitioner) naturalizaed [/quote] my dad was naturalized so it moves me from F2a category to F1 so now im child of us citizen
Amazon
1/23/2014 3:37:18 AM
Total Posts: 591
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Many lawyers are conflicted on this. Some say applicant can retain F1 status after filing I-485. Some say that you no longer have the F1 status after filing I-485.
kefisa
2/4/2014 7:18:04 AM
Total Posts: 4
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What about applying for v status?
Amazon
2/6/2014 3:04:33 AM
Total Posts: 591
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I am assuming you mean V visa. For this visa, you have to file I-130 before December 21, 2000. Most people have filed their application after that date.


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