Hello! I have a question regarding the legal status while waiting for f2a visa.
My priority date is 09/26/2013, I passed the interview on 01/27/2014. I am currently holding F-1 Visa, my F-1 visa will expire on June, 2015. Considering the current visa date for f2a, it is very likely that I won't be getting the green card before my F-1 expires. My question is, will I be legally staying and working in the US after my F-1 expires? My I485 is pending, and I have the EAD that applied with I485. I realized that unfortunately many people are having the same situation because our PD were a few days later than the visa date, I wondering if anybody can share their experience regarding this matter. I appreciate for any response! Thank you!
You don't need to worry. Your status is "Pending adjustment of status" and you can stay and work in the US legally while your I-485 is pending. even if it takes 10 years for the I-485 to get approved, you can renew your EAD annually. So, the bottom line is, with retrogression, you will get the Green card later; but it does not affect your status while you are waiting.
Thank you so much for your answer!!!
My lawyer said that I need to keep my F-1 status while waiting for the visa. I think he is just being too conservative about my situation. He said he only encountered one situation like this in 20 years of his practice, which is mine. He said usually I-485 can be filed only if the visa becomes available, therefore, theoretically my I-485 was considered not filed. I am really confused about this. Does anybody know that if the info-pass can give clear answer to this kind of things? Thanks!
GEt an info pass. always go there before you go to a lawyer. learned this the hard way
Some lawyers are bad experience. They did my case wrong way then I had to wait more than 2 years to get my GC instead of 3 months if they do the right way. No one can understand your case like yourself, Lawyers have cases to remember and they dont really know exactly your cases. Now I learn that I should discover my case by myself by online, ask my friends have the same case, even talk to many lawyers to get the correct ways. Good luck.
Thank you for all your reply.
I went to the Info pass today, unfortunately didn't get any useful information from them.
I asked if the I485 pending will give me the legal status after my F-1 expires, the officer told me that I should obtain this kind of information from attorney. He said the only thing he can say to me is that I entered the country as student, I should leave as student after student visa expires. I cannot believe info pass was not useful at all.
I guess the only option for me is to ask different attorneys, hopefully one of them have clients who have the same situation...
Why those immigration officers do not offer helpful information...
I simply want to know If I can legally stay in the US after my F-1 expires, was that too hard for them to answer? I am so frustrated about this. :(