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AOS to F1?
- Thread starter jsrini77
- Start date
TheRealCanadian
Volunteer Moderator
I am on H1-B, and my AOS is pending. Can I quit the process and join grad school on F-1 visa? Will there be an issues with my "immigration intent" during AOS?
Of course there will be problems. Why on Earth would you want to try and get an F-1? You don't need it.
i am stuck in retrogression. cannot/do-not-want-to do part time studies. so either i wait forever for the mythical GC or decide to quit the AOS and do full time studies. if do the latter I would need a student visa.
yet another alternative of course is to say bye to the US and its silly rules, and study elsewhere.
yet another alternative of course is to say bye to the US and its silly rules, and study elsewhere.
TheRealCanadian
Volunteer Moderator
i am stuck in retrogression. cannot/do-not-want-to do part time studies. so either i wait forever for the mythical GC or decide to quit the AOS and do full time studies. if do the latter I would need a student visa.
If the employer isn't planning on revoking the I-140, I'd just study. You'll be safe until the PD becomes current.
fast_gc_seeker
Registered Users (C)
I'm outside US since Sep 2005 and my AOS is still under process[I've kept AP always unexpired]...I am on H1-B, and my AOS is pending. Can I quit the process and join grad school on F-1 visa? Will there be an issues with my "immigration intent" during AOS?
thanks.
bottomline: you can quit ur job [if you've cleared the 180 days from RD of your 485] and become a full time student.
antonioa77
Registered Users (C)
fast_gc_seeker: thanks for your response. I sent you a private message. please reply if can. thanks!
I have the issue like u have. if in few months i don't get my GC, i will quit my job and go back to school to pursue a full time program. so what u came up with ? keep in toush.
I'm outside US since Sep 2005 and my AOS is still under process[I've kept AP always unexpired]...
bottomline: you can quit ur job [if you've cleared the 180 days from RD of your 485] and become a full time student.
So, can I stay outside US for almost the whole year and return back shortly before my AP expire or I have to go back and forth for short intervals?
My concern is this. In my understanding AOS means you are in valid status in the U.S. and that your status is being adjusted to permanent resident. So for an employment based AOS, how will you be in valid status once you quit your job or go on extended leave of absence? Aren't you going out of valid status in that case?
But maybe my understanding of the rules is wrong. If so, gurus please correct me.
Additionally, what happens if your AOS is processed and GC approved in the middle of studies when you are out of the country or studying in US. One can be paroled in, but doesn't one have to start the "future job" immediately after entering?
Thanks in advance for any insights.
But maybe my understanding of the rules is wrong. If so, gurus please correct me.
Additionally, what happens if your AOS is processed and GC approved in the middle of studies when you are out of the country or studying in US. One can be paroled in, but doesn't one have to start the "future job" immediately after entering?
Thanks in advance for any insights.
fast_gc_seeker
Registered Users (C)
I've applied for new AP every time before it expires[from inside US]. The approved AP was then mailed to my foreign address by friends.So, can I stay outside US for almost the whole year and return back shortly before my AP expire or I have to go back and forth for short intervals?
My concern is this. In my understanding AOS means you are in valid status in the U.S. and that your status is being adjusted to permanent resident. So for an employment based AOS, how will you be in valid status once you quit your job or go on extended leave of absence? Aren't you going out of valid status in that case?
But maybe my understanding of the rules is wrong. If so, gurus please correct me.
Additionally, what happens if your AOS is processed and GC approved in the middle of studies when you are out of the country or studying in US. One can be paroled in, but doesn't one have to start the "future job" immediately after entering?
Thanks in advance for any insights.
Your thinking is logic but not 100% right
1- Some employment based petitions like NIW does not need job offer and people even can apply (self petition) from outside the US.
2- If you quit the job or went on long leave, this will expose your petition to the risk of denial, but by itself it is not a reason of denial.
3- There is no law or role saying that if you quit the job today you will be out of status tomorrow, If you quit find another job in the same carrier (for sure with certain requirements and time frame).
4- If you have I-140 approval you can even leave the country and adjust your status from overseas consulate and you will wait till your application get approved and you can come back with the immigrant visa
5- If you left US on valid AP, there is a possibility for sure for your I-485 to be approved, at that time you have to return back on valid AP.
TheRealCanadian
Volunteer Moderator
In my understanding AOS means you are in valid status in the U.S. and that your status is being adjusted to permanent resident. So for an employment based AOS, how will you be in valid status once you quit your job or go on extended leave of absence? Aren't you going out of valid status in that case?
No, you are in valid status because the I-485 is pending. Wether you are employed or not really doesn't matter. In an extreme example, I filed my I-485 in August of 2001, but it wasn't approved until July 2004. I could have lost/quit my job in September 2001, and sat around watching TV until June 2004 when I got a new job.
Now the problem is that if you get an RFE (or worse yet an NOID, if the employer withdraws the original I-140) and you have no future job offer, then you have a problem. The goal is to study but at the same time have some sort of an arrangement with an employer to hire you when the GC comes through.
This is one situation where a regressed priority date is actually a good thing.
I spoke to a lawyer about doing studies outside U.S. while AOS is pending and H1-B is active. He said there should be no problem to the AOS if one leaves the country as long as one has a valid Advance Parole. He also said, one would go out of status for H1-B if one leaves the country say on a leave of absence, but that one could re-enter on that visa (if it has not expired) as long as the employment was still valid without any problems to the AOS. Also if one wishes to re-enter on a different job, one could do so on a different H1 without being subject to the H1-B cap as long as one starts the new job within 12 months of leaving the U.S.
I hope the above information helps.
I hope the above information helps.