US immigration: does F1 conflict with I-485 ?
My wife is currently on an F1 visa. Does anyone know if applying for AOS (I-485) has any impact on her F1 status?
She’s likely to graduate in 6-8 months, and we had earlier planned to apply for Optional Practical Training (OPT) and EAD for her and possibly apply for a H1B visa in October next year.
However now I’m not sure if:
a>how applying for AOS affects her F1 status esp since F1 is a non-immigrant visa.
b>she can apply for OPT anymore using her F1 status or she needs to apply for EAD using the AOS route.
If anyone has info about this situation, I’d love to hear it.
Thanks,
Bbqboy
Answer:
Filing for AOS will not, per se, effect her current F-1. However, since the AOS is clearly indicative of immigrant intent, it would be nearly impossible for her to extend or renew the F-1 if the need arose.
The good news is that you don't need to worry about it. Once the AOS is filed, she is considered paroled into the U.S. pending adjustment of status and can obtain an EAD within 90 days of filing and can also get advanced parole to travel if she so desires. She can continue going to school in paroled status without any problem and, depending on the school, might even get a tuition break once the AOS is in process.
Hope that helps
Good luck!
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