sidsaolin

Change of status works only you are in the U.S. I am afraid there is no option for you to have vacation in Canada unless you will return to India to get F-1 Visa stamped on your passport and return to the U.S.

Thank you very much for your input, Hypnos.

With July bulletin, he still has a good chance to do AOS here under F2A (with my fingers crossed). He has 10 months to be 21 years old + 4 months CSPA.

Thank you for your input. I am fully aware of what you mentioned.

My question is do I need to do anything before his PD becomes current? Such as requesting his case back from NVC. If so, how to do that. Or I don't need to do anything because when his time comes, USCIS can match his I-485 with my approval I-130 even though his case is with NVC.

@CQer

I don't think ESL would work because you already have OPT under it. I believe several community colleges in NY can give you I20. They are inexpensive compared to college/university.

@Hypnos

I am LPR. My son is 20 years old.

Your visa status will remain unchanged until your new visa status (immigration/non-immigration) is approved. Then your status will change to new one. For example, Mr. A entered into the US on B-1 visa, later he preferred to study in the US. Then he changed his visa from B-1 to F-1. During changing process, he was still B-1. School didn't allow him to enroll until his change of status to F-1 was approved. From the approval date, he was under F-1 Visa as long as he didn't leave the US.

Same rule applies here. You are now under F-1 visa, and during your adjustment of status to be permanent resident, it doesn't give you any new visa status yet. The AOS process allows you to apply for EAD. Once again your status is still under F-1 visa, but with some privilege of authorized to work through EAD, not OPT.

In order to have adjustment of status in US, you have to be "in" status that means you obtain valid visa. In other words, if you are out of status, you cannot adjust your status to LPR in the US. USCIS may relax this rule to immediate family members of USC petitioners. Furthermore, EAD is not any visa type. EAD allows you to work, but visa that allows you to stay is F-1. When your F-1 visa expires, so does your EAD.

So the answer to your first question is yes, and you have to maintain your legal status until your GC is approved (not until interview date).

Hope this gives you better understanding.

Good luck

Hello,

I petition GC to my son, and our I-130 was approved with PD 05/05/2014. NVC sent us welcome letter to process his case. Since he is still in US with valid F-1 visa, I would like him to do adjustment of status in US. What process do I need to do now? Or just wait till his PD becomes current and file I-485?

Thank you in advance for your advice.