Filing I-485 with H4 to F1 COS pending


jvdave

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We recently filed for an H4 to F1 visa transfer for my wife. The transfer is still pending. Per Dec 2011 bulletin our priority date is becoming current. I am wondering if someone can advice on the following:

  • It is okay to file for AOS while a visa transfer/change of status is in progress? Or should one wait till the visa transfer [H4 -> F1 in our case] goes through before filing AOS to avoid any confusion?
  • Is there a way to cancel/take back the visa transfer request from USCIS?
  • Other suggestions on what should be done.

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It is not recommended to file AOS for 90 days after you applied and were approved for a non-immigrant visa. I would recommend waiting for 90 days after F1 approval. That's assuming you don't want to disrupt your plans for studying and withdraw F1 COS (I would not withdraw, rather, wait).

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The COS from H4 -> F1 was filed 5 months ago. We received an RFE 2 months ago saying that there was a pending H4 extension request for the same person was already pending. There was none. We called USCIS and the representative admitted that there was no prior H4 extension request filed/pending and the case reviewer made a mistake. We sent this in an RFE response 2 months ago and are still waiting for a decision. I am not sure how much longer they would take.

Hence, if filing AOS with this pending does not cause any problems in this situation, we would like to go ahead with that.

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