Re: Suzanne thanks for answer elow anotehr Q?
Schedule A does not exist anymore. So that is out of the equation.
If he is in the US now, then he goes the route of Adjustment of Status and can get the EAD that will permit him to work while he is waiting for the processing.
The issue is that there are no visas available right now, for either the AOS or the CP processing. They are working on petitions that were submitted three years ago now, and there are thousands that have more recent PD dates that will be waiting for sometime.
The best thing for him to do is to do nothing at this point, the AOS is completely separate from the CP procedure, only the I-140 is the same.
Getting an earlier PD date and then going thru AOS will not make things go quicker for him, if the I-485 cannot be submitted at this time, then it does not change things. And even if he goes thru the CP processing, nothing will get done past the I-140 and then the retrogression will affect him.
And then he also has an issue with being under the student visa, it is called dual intent.
If I were him, would just stay with the student visa if that is what his plans are for now. If he applies for the petitioning now, and has to return home for some reason or even a visit, and his F-1 visa has expired, chances are that he will not be able to renew it with a pending I-140. If he has only the F-1, then there is no issue at all, and usually can be easily renewed.
The student visa stays in effect as long as he is in the US, he leaves for any reason and if it needs to be renewed, it will have to be done before he can return to the US. It goes by the date stamped on the form in the passport, and usually will say D/S, and that means last day of study.
Even if the actual I-20 has expired, as long as he maintains student status and in the US, then he can stay. But if he leaves for any reason, he will have a big problem returning to the US. That is why I would not advise going for the CP now. It is not going to help him, and will only hinder him at this time.
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