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Neel17

Can i apply as F1 student visa if i have a F4 petition under process?

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Filed: FB-4 Visa Country: India
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Hi, well my priority date is Jan 20, 2005, and my notice date is Jan 24, 2010 for the USA and right now visa bulletin shows April 2004  (India). As I just completed my undergraduate so would you tell me what should I do? I just did bachelor's in Computer engineering and want to further go for masters in Data science in the United States for Spring - 19. Should I wait till my priority date becomes current or should I apply to the US through student visa? Even if I apply through student visa, will I face any trouble because I have an f4 immigrant file? There is no one to help me with this problem. Any help would help with my decision

 

Thanks

Neel

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You are free to apply for an F-1 visa, if accepted to a US institution. The pending petition may play a role if you get the visa or not given that it's so near, but typically for F4 preference won't play that much of a role. Your ties to return home upon completion of degree will play the biggest factor.

 

Not much to lose by applying. Good luck.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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On 9/2/2018 at 2:45 PM, Neel17 said:

Hi, well my priority date is Jan 20, 2005, and my notice date is Jan 24, 2010 for the USA and right now visa bulletin shows April 2004  (India). As I just completed my undergraduate so would you tell me what should I do? I just did bachelor's in Computer engineering and want to further go for masters in Data science in the United States for Spring - 19. Should I wait till my priority date becomes current or should I apply to the US through student visa? Even if I apply through student visa, will I face any trouble because I have an f4 immigrant file? There is no one to help me with this problem. Any help would help with my decision

 

Thanks

Neel

Are you the beneficiary or the derivative of the beneficiary? If the latter I assume no issues with aging out?

 

i agree with what geowrian said, but given the priority date you’ve mentioned above it might be difficult to assure them you intend to go back to India as it looks like a good chance your PD will become current while you’re studying.... on the other hand waiting for your priority date to become current might take longer than you expect. If I were you I’d probably apply to colleges that will allow you to defer in case you get turned down for F1 so you can wait for your F4 to become current.  

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