I entered USA 4 months ago with B1/B2 visa. Then my father file I-130 for me which is approved by USCIS 10 days ago. However I am not eligible to adjust my status because of visa number unavailability. I need to wait until visa number become available for adjustment of status, my priority date is December 2009 and I am not from Mexico, India, China or Philippines. I do not know how long I need to wait but I know I will wait less than citizens of countries which I mentioned.
In mean time, I have been granted an admission for Computer Science PhD program in good university. I am waiting for I-120 to apply change of my Visitor status to Student status. School will start in 20 August and my I-94 is until 4 June. I know F-1 visa allow to enter USA 30 days prior to start date of university.
first question: Will my father’s approved I-130 petition effect negatively my change of status petition ? Please take into account I will study doctorate degree in good university not language course ect…
second question: If I file a petition to change my visitor status to student status before my I-94 expires, will I become out-of-status while waiting USCIS process? Will it violate rule which allow to enter USA 30 day prior to start date of school ?
third question: If I apply F1 visa in USA embassy in my home country, is there any probability to get reject for my F1 application because of my father’s I-130 immigrant petition ?
thanks for your help
my father is green card holder.
First question is you father a citizen or Green card holder
Since you are Family Based 2B Preference you have about 8-9 years of wait until your Priority Date become before the cut off date according to Visa Bulletin, which you can check every month.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4805.html
First, you must file I-539 with approved I-20 SEVIS form from university before your I-94 expires. I-539 is Form for Extend/Change Non immigration Status. If that gets approved, your status will change to Student status, which let you attend to university legally. Status and Visa is 2 different thing. Legal Status let you stay in US legally, Valid Visa let you enter to US.
So if you travel outside of US, you must go to your home country to apply F1 Student visa so that you can re enter to US with valid visa.