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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.

USDOL has posted the following FAQ

1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?

In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:

USCIS is launching a pilot program in July 2010 that will use Dun & Bradstreet databases to verify business information of employers who submit immigration related petitions. "Verification Instrument for Business Enterprises" (VIBE) is a tool intended to help combat immigration fraud, and to minimize RFE's regarding petitioners' business data and eventually to make submission of routine documentation unnecessary.

Here is a contribution from a member of our community:

Here is a question from a community member: