What should i do?

lawrence01 · Dec 31, 2007

Since only the I-140 was filed, I am presuming that it was only filed after July 31 because that was the deadline where an I-485 (AOS) can be concurrently filed with it.

As for your question, I think it would be best if Suzanne answers that. Just wait for her response.

lawrence01 · Dec 31, 2007

For everyone else reading:

To be honest, it would have been wiser to have not filed the I-140 alone. At least in my opinion. It is of no use alone if it was filed for AOS purposes and will only get worse if changed to CP later on if the applicant was just holding an F1 or a tourist visa. An F1 and a tourist visa has no "implied dual-intent" unlike those holding a working visa. This is why it is hard to get a tourist or an F1 visa from the start. The notion of getting the I-140 filed ASAP to get the earliest Priority Date is only for the CP route as I-140s for AOS and who can file the AOS concurrently with it can also file the EAD and this is what sets it apart from the CP route and why getting the early PD is not much needed compared to those going the CP route. The EAD is what permits "adjustees" to temporarily work while everything is pending and is renewable annually until everything is pending.

And filing the I-140 alone for someone who cannot file the I-485 and EAD anytime soon and is not on a working visa cannot remain in the US and wait while the I-140 is pending or wait when the I-485 and the EAD will be allowed to be filed. If this was on tourist visa, that person must get out of the US once the allowable stay expires; if this was from an F1 and not on OPT it is actually just 60 days. Only way for an F1 to remain in the US on a pending I-140 and waiting for the chance to file for AOS is to continue to be in the F1 status.

I hope this also serves as an eye opener to people who still intends to go to the US on tourist visas and try AOS as I am still receiving reports that there are still those that thinks they can do AOS up to now. AOS cannot be filed right now as the EB3 visa category is retrogressed for all countries and even the EB2 (for those w/ Master's and higher degrees) coming from India and China are also retrogressed and is actually predicted by USCIS/DOS to get worse on the latter months and eventually become "Unavailable".

And like I said, filing the I-140 alone for AOS purposes, even if it is only initially and later changed to CP may have effects on your chances for even the CP. At the very least, it may effect your being able to travel in and out the US on a tourist visa as you already have a record of filing an I-140 for AOS purposes while in the US w/c the immigration officer can flag you down with and execute an airport-to-airport. Remember, an immigration officer inside an airport has all the powers and is only answerable to his immediate superiors. If one is in an airport, you are neither in your country nor the host's country and so the immigration officer has all the rights to not let someone come in per discretion.

suzanne4, RN · Dec 31, 2007

The OPT is actually still under the F-1 status, and the 60 day rule applies to them as well. The OPT is just considered additional training and maintains the student status. D/S stamped in the passport on the I-94 means that date of study completion is when the visa is finished, but they give a 60 day time frame to remain in the hospital.

As far as payment with the attorney, it is up to them if they find this acceptable; think that they will but they are the ones that need to make the final decision as your contract is with them, whether verbal or written.