concurrent processing- should we maintain F1 status while 485 is pending?

[raz0407 1]

Hi,

I am asking this to all forum member as I have been recieving contradicting information. when you respond, kindly mention your source where got this info from (lawyer or own experience in your case when it was approved) if possible. thanks a lot.

We filed concurrently under F2A for my wife who is on F1. Our priority date is 27-Sept which is not current. Our I130 and 485 is pending however we recieved EAD and travel document 1 month ago. My original laywer said, its ok if u dont maintain the F1 status now. However, I took second opinion from other lawyer who thinks, its mistake if u didnt maintain the F1 status because your green card holder not US citizen and our dates are not current. I need to get the bottom of this as I have my interview scheduled at local office in next 10 days and I want to go for the interview with clear understanding. Can you guys please help me guide how we figure out this? Goining to 3rd laywer wont help; i would just go by major responses of you forum members based on ur experiences. please URGENTLY respond if possible. thanks a lot.

[milimelo 4,481]

You can't file for AOS under LPR F2A unless your PD is current...

[Darnell 8,478]

is possible that the PD is still current, that's why you have an interview so fast.

IMO, keeping the F1 status is a must until a decision is made after interview day,

as

folk seeking LPR status using an adjustment of status case , holding F1 visa already, MUST be in the country legally. For yer spouse, that'll mean registering for school and paying the tuition fees.

Sorry. If she doesn't register for school and pay the tuition, the officer at her school tells USCIS and then things start to get nasty.

Edited January 18, 2014 by Darnell