Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation
Click to log in with Facebook
Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-31-2007, 10:58 AM
shakunbansal shakunbansal is offline
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
04/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/21/2007
Compare
Join Date: Jul 2007
Posts: 24
shakunbansal is on a distinguished road
Question h4 to f1 with pending i485

Hello ,
I recently got admission to an university. In order to avail scholarship, I need to be on F1. I am currently on h4 with a pending AOS application.
Does anybody think that should I convert to F1 to avail these benefits or should I hang on for the 485 approval?

Please advise.

Regards
S
Bookmark and Share Compare Reply With Quote


  #2  
Old 07-31-2007, 01:19 PM
tnite tnite is offline
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
06/13/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2006
Posts: 579
tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light tnite is a glorious beacon of light
Default

Quote:
Originally Posted by shakunbansal
Hello ,
I recently got admission to an university. In order to avail scholarship, I need to be on F1. I am currently on h4 with a pending AOS application.
Does anybody think that should I convert to F1 to avail these benefits or should I hang on for the 485 approval?

Please advise.

Regards
S

F1 is a not a dual intent visa and I485 might be denied basd on that. hang on to your H4 until you get a EAD.
Bookmark and Share Compare Reply With Quote


  #3  
Old 07-31-2007, 01:23 PM
nixstor nixstor is offline
Super Moderator
Priority Date
:
Oct-04
Category
:
EB2
I140 Mailed Date
:
2007-05-23
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
2007-07-02
Compare
Join Date: Feb 2006
Posts: 1,096
nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute nixstor has a reputation beyond repute
Default

Quote:
Originally Posted by shakunbansal
Hello ,
I recently got admission to an university. In order to avail scholarship, I need to be on F1. I am currently on h4 with a pending AOS application.
Does anybody think that should I convert to F1 to avail these benefits or should I hang on for the 485 approval?

Please advise.

Regards
S
Why do you need to be on F1 to avail scholarship unless it is for students on F1 visa? If you have EAD, while on AOS you are free to work any where and school is no exception. Talk to your school official and find out. The only catch is you might have to pay out of state for one year depending on the state you are in as you moved from H4 to AOS. Moving on to F1 while having a AOS pending is not definitely advisable as the non immigrant intent on F1 will contradict with your AOS petition.

HTH
Bookmark and Share Compare Reply With Quote


  #4  
Old 07-31-2007, 01:25 PM
gdilla gdilla is offline
Member
Priority Date
:
Nov-04
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2007
Posts: 77
gdilla is on a distinguished road
Default But don't let it stop you from going to school

You can go to school on H4 no problem.

Quote:
Originally Posted by tnite
F1 is a not a dual intent visa and I485 might be denied basd on that. hang on to your H4 until you get a EAD.
Bookmark and Share Compare Reply With Quote


  #5  
Old 07-31-2007, 01:30 PM
manand24 manand24 is offline
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 85
manand24 will become famous soon enough
Default

Quote:
Originally Posted by gdilla
You can go to school on H4 no problem.
But as a Part-Time student only. To be a Full-Time student one needs F1 visa. I would also suggest to hold on to H4 for now.
Bookmark and Share Compare Reply With Quote


  #6  
Old 07-31-2007, 01:35 PM
indianabacklog indianabacklog is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
05/15/2006
Chargeability
:
United Kingdom
Processing Stage
:
I-485
I485 Mailed Date
:
05/01/2007
Compare
Join Date: Feb 2006
Posts: 363
indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold indianabacklog is a splendid one to behold
Default

Quote:
Originally Posted by manand24
But as a Part-Time student only. To be a Full-Time student one needs F1 visa. I would also suggest to hold on to H4 for now.
You can go to school full time on an H4 my son did so for the first two years of his degree.
Bookmark and Share Compare Reply With Quote


  #7  
Old 07-31-2007, 03:24 PM
shakunbansal shakunbansal is offline
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
04/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/21/2007
Compare
Join Date: Jul 2007
Posts: 24
shakunbansal is on a distinguished road
Default

This is what my lawyer said :

Once your AOS case is on file, youshould not change from H4 to
F1 status. H4 is a "dual intent" status, but F1 is not. Dual intent means that one can have non-immigrant status while intending to apply for immigrant status (AOS). You can attend school in H4 status.

If the internship/assistantship is related to her academic program and is less than 20 hours a week, she can participate while in H4 status. Once she receives her EAD card through the AOS process, which usually takes around 90 days from the time it is filed, she is authorized to work and could accept full-time internships.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Application for new H1B while I485 is pending ilyaraja Work/Travel options after 485 : H1 Versus EAD/AP 0 01-04-2010 05:31 PM
I485 Pending with EAD and AP achu Work/Travel options after 485 : H1 Versus EAD/AP 3 09-26-2008 04:45 PM
H1-B Extension 9th year, Orig labor I-140 appeal & pending, Sub LC I-140/I485 Pending sts_seeker Out of status, employment gap and status revalidation 4 11-30-2007 01:13 PM
H4 and pending I485 application aries All other Green Card Issues 2 10-29-2007 02:55 PM
pending I485 approval and will be out of job bunnyn All other Green Card Issues 5 08-05-2006 10:40 AM



All times are GMT -4. The time now is 06:08 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org