More details to this question:
I am a Ph.D. F-1 visa student with a valid green card petition filed in 2009. I was given an assistantship at Wayne State University and the Office of International Student Services denied me to work because I did not have an EAD card. The last time I check the USCIS can only change my status or get work if my priority date in September 2009 come up and they provide me an alien number, which they have not. Also, when I received my green card petition in September 2009, I became out of status because the process took a long time. What can I do?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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If your F-1 visa status was never formally terminated by U.S.C.I.S. in a written decision or if you did not have the F-1 status terminated in the immigration court, you could possibly interview at the American consulate or embassy in your home country for an immigrant visa. You would not be barred from coming back unless either of the circumstances as described above occurred since the status of an F-1 student is duration of status without a fixed time limit. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 27th, 2017 at 8:05 AM