I am currently on an F-1 visa, not OPT. I already received my I-485 and combo card application receipts but haven’t gotten any of them yet. Submitted them because Chart B had reached my priority date, not Chart A yet. For chart A, I think it’ll still take a year or so to reach my priority date. But by that time my program will have already ended. I haven’t received a combo card to start working legally, so can I abandon my F-1 status to wait for my EAD? Is there a chance my combo card application will be rejected? If so, will it impact the I-485?
Answers
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyIf your I-485 is pending you can abandon F-1 status. The inherent risk is if your I-526 petition is denied your I-485/I-765/I-131 will eventually be denied. You can abandon your F-1 status and your EAD/AP will still be processed as you were in valid F-1 visa status when you filed the I-485 application.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyTechnically, yes, you can stop going to school, but ideally, it is best to maintain a nonimmigrant status until your permanent residency is in hand or at least until you have your work and travel permits.
Julia Roussinova
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you properly filed I-485, your I-131/I-765 applications should not be rejected. The conservative approach is to keep your underlying F-1 nonimmigrant status until your I-485 is approved, so you can fall back on F-1 in the event something went wrong with I-485 and it was not approved for some reason. You may choose to abandon your F-1 status and you will be considered to be in an authorized period of stay by the attorney general while your I-485 is pending until the decision is made. You may not work until you receive EAD and you may not travel until you receive AP.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyA properly filed I-485 gives you a right to remain in the U.S. in a period of authorized stay. Speak with your attorney as to what you should do, but there is always a possibility that your residence, AP/EAD will be rejected and/or denied.
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