Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
Here is a contribution from a member of our community:
Here is a question from a community member:
We won a National Interest Waiver case for a Molecular Biologist holding a Ph.D. having over ten years of research experience. We argued that her qualifications were unique as compared to others in the field and that she was noted as one of the few in her field that has achieved the highest level of success. She had remarkable contributions to the field, most notably her significant discoveries in cardiovascular research. This applicant had an extensive publication list as well as a book chapter.
We won an Outstanding Researcher case for a Research Associate Ph.D. in Instrumentation and Master of Science in Materials Science with over 13 years experience. We argued that with his extensive list of achievements, i.e. 11 refereed journal articles, 7 manuscripts currently under review, 11 publications in conference proceedings, peer reviewing of manuscripts and selection as a doctoral fellow at a world-renowned institute, he more than qualified for the category. This applicant's work was funded and supported by NASA.
We won an Alien of Extraordinary Ability case for a Ph.D. in physics. This applicant had over 13 years of research experience, 30 refereed journal articles, 12 Invited presentations at conferences and meetings, 2 refereed conference publications, peer reviewing of manuscripts for prestigious international journals, employment at several world-renowned institutes and was elected to membership in Sigma Xi, the Scientific Research Society. Clearly, this applicant stood out among his peers as one of the few who has reached the highest level of success in his field.
We won a National Interest Waiver case for an applicant holding an M.D., Ph.D. and MSE in Biomedical Engineering, and a B.Tech. in Electrical Engineering. This applicant had an extraordinary background. His degrees were received from the most prestigious institutes in the world, notably Harvard, MIT and Johns Hopkins University . His pioneering work has lead others in the field to a better understanding of what causes sudden cardiac death through fatal arrhythmias. His work was quoted as "revolutionizing health care."
We won an Outstanding Researcher case following a Request for Evidence, which included a detailed offer of employment request. The applicant had over 13 years research experience, a multitude of scholarly publications in prestigious, international, peer-reviewed journals, numerous requests for reviews and significant contributions to the field of Polymer Science as well as "invitations" to present his innovative research findings.