What shall I do at this moment.(merged)

[JFH 12,189]

7 minutes ago, BIAN said:

Hi everyone, I filled my i-130 on 08-08-2017. I recently applied for AOS on 0ct 16 2018. Why do I have i-130 PD on my AOS priority date. I am confused. My wife is LPR. my field office is virginia. I am from Nepal

Your I-130 PD has to be current before you can file AOS. What visa are here on right now?

[BIAN 0]

7 minutes ago, Khallaf said:

if your wife is a LPR how did you come to USA? what visa did you enter on?

I came here on f1 student visa and still maintaing my status.

3 minutes ago, JFH said:

Your I-130 PD has to be current before you can file AOS. What visa are here on right now?

I came here on f1 student visa 

[Khallaf 647]

Just now, BIAN said:

I came here on f1 student visa and still maintaing my status.

I came here on f1 student visa 

is that visa still active?, and from the I-130 approval have you gotten the approval to b e able to adjust status? do to your wife only being a LPR, if you have overstayed your visa, it will not be approved. and the visa category must be current before you can file to adjust status.

[BIAN 0]

1 minute ago, Khallaf said:

is that visa still active?, and from the I-130 approval have you gotten the approval to b e able to adjust status? do to your wife only being a LPR, if you have overstayed your visa, it will not be approved. and the visa category must be current before you can file to adjust status.

Ya, still I am maintaining my status. my -130 is not approved yet. and my date for filling is current at the moment. thats why I applied for AOS.

[JFH 12,189]

Was your PD current when you filed AOS?

 

If your wife obtained a GC through marriage to s USC she just be an LPR for 5 years before she can file a petition for you. 

[BIAN 0]

Just now, JFH said:

Was your PD current when you filed AOS?

 

If your wife obtained a GC through marriage to s USC she just be an LPR for 5 years before she can file a petition for you. 

Date for filling is still current. This is our first marriage

[JFH 12,189]

3 minutes ago, BIAN said:

Date for filling is still current. This is our first marriage

So what’s the question? 

[BIAN 0]

4 minutes ago, JFH said:

So what’s the question? 

Here is the questions

 I filled my i-130 on 08-08-2017. I recently applied for AOS on 0ct 16 2018. Why do I have i-130 PD on my AOS priority date. I am confused. My wife is LPR. my field office is virginia. I am from Nepal

[Khallaf 647]

8 minutes ago, BIAN said:

Here is the questions

 I filled my i-130 on 08-08-2017. I recently applied for AOS on 0ct 16 2018. Why do I have i-130 PD on my AOS priority date. I am confused. My wife is LPR. my field office is virginia. I am from Nepal

 

19 minutes ago, JFH said:

Was your PD current when you filed AOS?

 

If your wife obtained a GC through marriage to s USC she just be an LPR for 5 years before she can file a petition for you. 

doesn't the I-130 have to be approved for the PD to be current and the Adjustment of status able to be filed?

[BIAN 0]

4 minutes ago, Khallaf said:

 

doesn't the I-130 have to be approved for the PD to be current and the Adjustment of status able to be filed?

Nope. if date for filling is current then you can file AOS. date for filling at the moment is dec 01 2017. 

[SusieQQQ 11,584]

18 minutes ago, BIAN said:

Here is the questions

 I filled my i-130 on 08-08-2017. I recently applied for AOS on 0ct 16 2018. Why do I have i-130 PD on my AOS priority date. I am confused. My wife is LPR. my field office is virginia. I am from Nepal

Do I understand this correctly:  you are confused because the priority date on your original case is listed on your AOS?

Edited February 4, 2019 by SusieQQQ

[SusieQQQ 11,584]

If you receive an AOS-based EAD and begin working using that (or leave and re-enter using the AP), you invalidate your F1 status. Those actions put you in “adjustment pending” status which is totally fine if everything goes smoothly with the AOS, but if it doesn’t then you have no fallback status and will have to leave the US while you figure out reapplying. If you maintain F1 and for some reason the AOS is denied, you may remain in the US on F1 status while you figure out the problem.  You have to 100% maintain status until you get the EAD if you plan to work on it, any violation of status at all while you are here will make you ineligible for AOS.

[Ontarkie 13,915]

~~Related threads merged. Please try to keep all questions together. It helps members give the best advice when all the information is together.~~

[nastra30 1,982]

My two cents. Please anyone correct me if I'm wrong.

1. OP, can use the dates for filing to begin the AOS process by filling form I-485 and submitting to USCIS. https://www.uscis.gov/visabulletininfo

2. What this means is that USCIS will process and proceed with everything up to and including interviews. However, the officer will not approve the application even if everything checks out, but will instead put the application in AP. USCIS will then approve the AOS and send green card whenever the I-130 is approved and the priority date becomes current (visa # becomes available) based on final action dates.

3. Now, this allows applicant to concurrently & additionally file form I-765 (Employment Authorization) and form I-131 (Advance Parole).

4. OP's F-1 status is still active so he's legally in the country but can't legally work until EAD is approved unless OP has CPT or OPT. Also, having a pending form I-485 (with receipt), also makes him legal even if F-1 status expires unless I-485 gets rejected; however can only work with an approved EAD.

[nastra30 1,982]

On 2/3/2019 at 8:20 PM, BIAN said:

Hi, I am married to LPR(green card). I already applied for AOS but my 130 is still pending, hope it will after 3-4 months. I will be getting my EAD after 1.5months. I am f1 and still maintaining my status. But here is few 

concerns:

1) If I start working, my F1 will be violated. Will there be any problem in the interview because I worked being the spouse of LPR after getting EAD?

2) What will happen to my License, I Got the license through my f1 status, if I started working will my license gets terminated automatically?

3) What is best for me not to work till the interview or leave the university and start working?  

1. You can work when get your EAD based on your AOS application, it's not illegal.

2. Are you referring to driver's license? If won't be terminated. In fact you can even renew for the duration of the EAD.

3. I think you can stay in the university and use your EAD to work. You will be kinda in a 'dual' status situation until AOS is complete, which I don't think is illegal. 

Edited February 5, 2019 by nastra30