I-130(F2A) and Applying for F1

[ngodugu]

Hi All,

My husband is currently on H1-B that is set to expire in Aug of this year. His current employer has refused to extend his H1-B by filing for GC.

I am a LPR( have been only for a Year). The only option for him to stay in the US is to apply for F1. He has always wanted to do a PhD so that seems like a good option for him.

Before we knew about his predicament, we filed for I-130(earlier this year). Given that he plans to apply for F1, I am not sure whether having a pending I-130 in his name will adversely affect his chances of being approved when we file a change of status. At the same time, we have a place in the line(a long 2.5 year wait but still) that we want to think twice before withdrawing the I-130 application. Even if we withdraw, we are worried that it might still affect his F1 COS application adversely given that I am an LPR and the fact that we have filed a I-130 once.

Should we withdraw the I-130? Is there anything we could do(supporting documents etc) to ensure the F1 COS is approved?

Thanks in advance

Neelima