View Full Version : F1 approved while 485 pending

06-25-2013, 11:58 AM
Basically, I filed 539 h1b to f1 transfer in April (h1b expiring 10/15); I'm going back to school for my Phd studies. At the time, we did not foresee my husband's priority date would become current in June. After his priority became current, we filed 485 on 06/03, but my 539 was approved 06/20, with F1 start date 07/27.

Now, I read that once you file 485, your non-immigrant visa immediately loses status. So does my situation means that my F1 is not valid, and my h1b is shortened to till 07/27. If I don't get EAD card by 07/27, I'll have to stop working? But I still can go to school, just not on F1 status but with 485 pending?

I'm in a real mess now. I'd really appreciate any help!

Here's my timeline to further clarify:

4/18/2013 H1b to F1 change of status application (539) filed online through ELIS system
6/3/2013 husbandís priority date became current; filed 485
6/14/2013 received 485 receipt notice
6/20/2013 F1 approved online
6/24/2013 received F1 approval notice, effective 7/27/2013

06-25-2013, 06:46 PM
advice anyone? My lawyer said the 485 will immediately invalidate the F1 even approved. So she can send a request to revoke the F1 so that I'll fall back to H1b. However, I called USCIS customer service and they said since the F1 has already been approved and it will stay valid until my 485 is approved. In other words, if 485 is declined for some reason, I can still fall back on F1. and I can't revert the F1 approval.

I'm leaning towards my lawyer's advice though the USCIS speaks with authority. Suggestions?

08-22-2013, 07:59 PM
I am in the same boat.
F1 filed and receipt date: May 22, 2013.

in the interim, EB2I date became current in Aug, so applied AOS I 485, AP, EAD based on spouse I140 PD.

I 485, AP, EAD receipt date: 8/19/2013.
then F1 approval notice: 8/21/2013
school starts 8/26/13.
wondering now what to do?
any advise.