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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5103
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My i-140 was approved on 9/8/2011 and my I-485 was pending

Customer Question

My i-140 was approved on 9/8/2011 and my I-485 was pending since then, before my i-485 was filed I am in student status. However, recently I received letter from ins regarding intention to revoke the I-140 because they said the I-140 was approved in error. At the time of filing, the company submit a letter to veryfy that they have more than 100 employees and has the financil ability to pay, now ins said they found that the petitioner has sponsored more than 1 person, they need to see company tax return from 2004 to 2015, 11 years. I saw the tax return, it does not have enough funds to support. i think my i-140 will get revoked and i-485 will get denied. If that is the situation, after my i-485 get denied, can i change the status from AOS to F1 without leave the country?
JA: Have you talked to a lawyer yet?
Customer: i would like to consult on the here first.
JA: Anything else you think the lawyer should know?
Customer: no.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello, my name is ***** ***** I will be the immigration attorney helping you today. Having the I-485 pending does give you a temporary lawful status, but unfortunately that status is not enough for you to use to Change your status to F1 once the I-485 is denied. You would still need to depart the US and apply for the F1. The good news is that you would not be facing any bars from returning to the US as long as you did not spend any time without status. Your time while I-485 is pending you do not accumulate unlawful status. I'm sorry, I wish I had better news for you. I hope you can understand that I do not make the law and I cannot change it. Hope you can rate me based on my service and not whether it's good or bad news. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.
Expert:  Jen Marie, Esq. replied 1 year ago.
Hello again. I see that you were able to view my reply to you on May 19th but you have not replied or selected stars for the service. I'm sorry that I didn't have very good news. I hope you can understand that I do not make the law and I cannot change the law. Is there any other question I can help with to make sure you are satisfied?