485 and F-1

[thestp]

Hello.

I have a question regarding my wife's immigration status.

My wife was on F1 when we got married and she is still working on her PhD. My RD is in 11/01 and we both have EAD cards.

I was wondering what her immigration status is? Is it still F1 or is it AOS? My H1 expired three months ago (6years) and I am now in-status because my 485 is pending. Is she also in that status or is she still on F1.
We never changed her F1 status to H4. We both applied for 485 together.

The reason I am asking this question is -
She wants to take a leave of absence for a semester to do some research and not register for a semester. Due to the new rules, her Univ. is refusing leave of absence for F1 holders. We want to argue with the Univ. that she is no longer on F1 and thus do not have to maintain full time status anymore. Is this a valid argument?

BTW, she is a canadian citizen, if it makes any difference.

Alas, we dont have to worry about all this if my 485 gets approved mid january, but I dont think it will happen with the current situation.

STP

 

[Jaic]

I have the same situation

and this is what my lawyer said..........

1) If you leave the country DO NOT USE F-!. She won't be allowed in
2) Forget about her F-1 status: She can work Even at McDonalds using her EAD

So bottom line is, She is under adjustment of status and not F-1

 

[libai]

my wife has similar situation. only difference is she doesn't have EAD. we are going to travel with AP in Jan. i asked my lawyer if she needs i-20 to come back. my lawyer said she's not f1 any more. she's under adjustment of status. therefore, she doesn't need i-20 to come back.