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 Benefits of i485 pending
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Posted on 08-12-13 6:03 PM     Reply [Subscribe]
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Hello everyone,
Yo august ma priority date current bhako mauka ma maile pani i 485 file garethye. Malai uscis le i-797 pathayo and i received it too. Aaba biometrics ko lagi appointment pathaucha bhanya cha tyo notice of action ma. I am in f1 visa. Fall ko lagi registration garne time bhaisakyo college ma. My question is can i skip classes now? Aaba maile class register nagarda ni huncha? I really dont want to go to school this semester? Has anyone done this before? Interview ma ke farak parla ki naparla? Most websites says i really dont have to go to school. Yo i797 aayo bhane i 485 pending bhako ho ta? What do you all think
 
Posted on 08-12-13 8:32 PM     [Snapshot: 178]     Reply [Subscribe]
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Your status has not changed yet. Wait until you get EAD.

 
Posted on 08-12-13 11:27 PM     [Snapshot: 425]     Reply [Subscribe]
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Posted on 08-13-13 7:38 AM     [Snapshot: 569]     Reply [Subscribe]
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You do not need to wait for EAD. If you have already received the receipt notice that your I 485 is pending, your status changes rt there. If you want to continue your school you can qualify for in stay tuition fees, but you sure can skip the school rt after you receive the pending notice.
Good luck!
 
Posted on 08-13-13 9:37 AM     [Snapshot: 633]     Reply [Subscribe]
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 Deported,
As Madtech said, Yes, your status has changed once USCIS has received your I-485 and sent your the notice with the application received date. I think your application will be unaffected even if you do not register for the classes this fall. Once you receive EAD (if you have applied, I hope you did), you can start working. 
The other part of the story: If your application gets denied by some means (I am trying to point out the worse case), you might be out of status. My suggestion is: do not let go your F-1 status.

(IMPORTANT: I am NOT a lawyer. This is my personal opinion and should not be taken as a legal advice)

- Jangali Maanab

 
Posted on 08-13-13 1:17 PM     [Snapshot: 764]     Reply [Subscribe]
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Thank u jangali maanab, madtech and ANS, i did applied for the EAD and uscis sent me a different notice
 
Posted on 08-13-13 1:19 PM     [Snapshot: 765]     Reply [Subscribe]
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Of action for that. My marriage case is very strong and i see no chances of getting denial based on marriage. I just dont want to pay the tuition fees that is is ridiculously high. Thanks a lot guys
 
Posted on 08-13-13 9:18 PM     [Snapshot: 869]     Reply [Subscribe]
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deported, hold on. not so fast. i will post something for you once i reach my room.
Last edited: 13-Aug-13 09:19 PM

 
Posted on 08-13-13 10:08 PM     [Snapshot: 927]     Reply [Subscribe]
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sure kailoketa
 
Posted on 08-13-13 11:42 PM     [Snapshot: 974]     Reply [Subscribe]
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I noticed some folks suggesting that your status changes the moment you receive the USCIS notice about your application being received and receipted.

I am inclined to think otherwise, not because I have all the knowledge about it, but it is kind of obvious - that your status hasn't changed yet and I would like to err on the side of caution.

The USCIS receipt clearly says at the top of the page in the official lingo to something like, "this receipt does not grant you any privileges," meaning, your world hasn't changed, yet. Sorry to disappoint you - you are still in F1. 

I know you are considering a few thoughts and options the new situation has presented you. Let me mull on some of these.

1) You think that you have a very strong I-130 case and that it will eventually be approved and you will get your GC so you opt to quit school NOW, not later. If all goes well, you will have no problem as you will get your GC.

But remember, by opting out of school now, you just compromised your F1 status. In other words, bye-bye status safety net.

1. a) Because the priority date for F2A is current, you will be provided with an EAD, (an AP too, if you applied for it) and you are free to seek employment until your case is finalized, and if your effort bears fruit, beyond as well.

2) If, by a quirk of fate things don't go the right way, your I-130 doesn't deliver, and you already withdrew from school as you opted (1) above, the proverbial shit will hit the fan as you will have no fallback mechanism to safeguard your status.

2. a) As you start fumbling for avenues to appeal, USCIS in the meantime will flag your case for removal proceedings.

2. b) But if you were in school at this point in time, you would still be in legal status and will be allowed to re-apply for a GC when your spouse becomes a citizen.

So no matter how hard it sucks, (I know the final steps to the finish line are a drag) I am shelling out fees for my wife until I-130 is approved.

Just my two cents.

Last edited: 13-Aug-13 11:57 PM

 


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