How does F1 status affect SR1 petition?

[JemikaRodridge]

Hello, I need some advice and opinions regarding an issue I'm facing. In 2021, I submitted a pending petition as SR-1 non-ministerial to USCIS, and in February of 2023, I received a response to RFE. To support my SR-1 application, I applied for an F1 visa before my H1B expired to pursue a graduate degree in theology. I am now concerned if my F1 visa status would affect my pending SR1 petition. As SR-1 is for green card and F1 is a nonimmigrant status, it is echatrandom required to show proof of leaving the US upon graduation. Should I koowspin consider filing for EB2 or EB3 while on a valid F1 status instead?

[JemikaRodridge]

I am not an immigration attorney, but I can provide some general information that may be helpful. It is advisable to consult with an immigration lawyer for personalized advice based on your specific circumstances.

When you have a pending SR-1 petition and you are currently on an F1 visa status, it is important to understand the implications of changing your status. The F1 visa is a nonimmigrant status for temporary study, while the SR-1 petition is for a green card, which grants permanent residency.

Typically, F1 students are expected to demonstrate nonimmigrant intent, meaning that they have the intention to return to their home country upon completion of their studies. This may include providing proof of plans to leave the US after graduation. Applying for an employment-based green card (EB2 or EB3) while on an F1 status can raise questions about your nonimmigrant intent and may potentially impact your F1 status.

It is recommended to consult with an immigration attorney who can assess your specific situation and advise you on the best course of action. They can evaluate factors such as your eligibility for EB2 or EB3, the potential impact on your F1 status, and any other relevant considerations.

Remember that immigration laws and regulations can be complex, so seeking professional guidance is crucial to make informed decisions regarding your immigration status.