485 trumps F/H/L status

回答: I was F1 with AOSrtuiyoopp2005-06-22 09:03:39

so what you should ask is whether a pending 485 will affect your F/H/L status, because 485 takes precedence over the other status.

Generally speaking, a pending 485 won't cause you to loose your underlying non-immigrant status such as H/L because these are dual intent status, provided that you don't do anything to violate the conditions of those status such as using 485 based EAD. However, with respect to F, it is a bit gray. You may keep your F1 only if you don't use EAD/AP and generally, you shouldn't be able to extend the status either. So whether or not you can extend your F1 is entirely up to the ISO handling the case. Many, I suspect, won't extend your F1 if they know you already filed 485.

Although, I did have mine extended, I acted as if it was never extended out of caution. That is, I stopped working as TA/RA, and received no payment at all. I derived no benefit from the extension so that even if it is determined not legal later, I didn't do anything illegal personally.

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Before extending ur F1, tell -ISO...- 給 ISO... 發送悄悄話 (125 bytes) () 06/22/2005 postreply 11:04:33

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