Posted by: kailoketa August 13, 2013
Benefits of i485 pending
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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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