Change of Status from F1 student to Green card

J

jeni512us

New Member
My husband became US citizen recently, we have applied for my EAD and Green card. We have been married for more than 2.5 years and all this while I maintained f1 – student status.
How long I have to continue maintaining my full time student status?
 
I would say that if you filed for AOS (I-485) and you got a receipt notice, then you status with USCIS is now pending until you get approved or denied. There is not a need for you to maintain your F1 status, if you stop it, you would not be out of status as the AOS superseeds your F1.

That is just my opinion based on what I have read here.

ps: Why don't you want to finish school? :confused:
 
jeni512us said:
My husband became US citizen recently, we have applied for my EAD and Green card. We have been married for more than 2.5 years and all this while I maintained f1 – student status.
How long I have to continue maintaining my full time student status?
Click to expand...

You don't have to maintain your full time student status once you receive NOA regarding your AOS application - you'll no longer be on F-1.
 
jeni512us said:
My husband became US citizen recently, we have applied for my EAD and Green card. We have been married for more than 2.5 years and all this while I maintained f1 – student status.
How long I have to continue maintaining my full time student status?
Click to expand...

:o Whatever people said above are true.
However, this didn't happen to me.
It depends on how smart your school's international office. They invent their own little rules. So be very careful.

What happened to me was, they insist they won't allow me to stop going to school, even when I received my EAD. They said once I become part time, or drop out of school,they are going to report me. :rolleyes: (report to SEVIS)
They didn't allow me to leave the school until I received my GC. (Welcome letter didn't count :mad:)

I ends up stick with school, just because I want to learn also didn't want the hassle. So...make sure you talk to them. International student office not necessary know the law well. ;)
 
cindywang16 said:
:What happened to me was, they insist they won't allow me to stop going to school, even when I received my EAD. They said once I become part time, or drop out of school,they are going to report me.
Click to expand...

Then you simply and very politely tell them to go to Hell, and if they want to report you to SEVIS they can. They can't force you to attend school.
 
I have a question.

I am currently on OPT and am scheduled for biometrics soon. In the meantime, a school in a different stated accepted me for a PhD program. I was going to fill out the transfer form and have my SAVIS transferred from my old uni to this new one. Is this still possible since my green card case is pending? The new school stated that the latest they could issue me an I-20 is August 20th. I am thinking to do all this just in case they give me any hard time with the green card application (I hope not), in whih case I'll still be able to do the PhD. Any thoughts/adice/ideas?

Thank you!
 
yes, you can still get a new I-20 and transfer your record in SEVIS, while on AOS. Some schools recommend that you maintain F-1 while on AOS, although you don't have to do it.
 
princesskate said:
You don't have to maintain your full time student status once you receive NOA regarding your AOS application - you'll no longer be on F-1.
Click to expand...

Is it technically true that you're no longer in F-1 status at this point? Let's say for some reason the AOS gets rejected or abandoned, could one continue their F-1 status if he/she has maintained the requirements of F-1 status during the AOS process? As far as I know, it would be hard to adjust to F-1 after a filed immigrant petition, and even harder to get an F-1 visa at a consulate (since you can't have immigrant intent for F-1), but if one already has a valid I-20 for the duration during and after the rejected/abandoned AOS application and maintained full time status in their program etc, could they continue at least until the the I-20 expires (or they complete their educational program)?

But I agree with the answers to the original question that you would not need to maintain your status after you receive your receipt notice. In fact, when I adjusted from F-1 to H-1B, my H-1B application was pending for about 3 months after my receipt notice, and I chose to not maintain a course load for that time period and have never had a problem with it. (but that was before SEVIS)

And, as TheRealCanadian can attest to you, even if you had violated your F-1 status before you filed your AOS application, this status violation does not prevent you from AOS to permanent resident based on a US citizen spouse.
 
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Let's say for some reason the AOS gets rejected or abandoned, could one continue their F-1 status if he/she has maintained the requirements of F-1 status during the AOS process?
Click to expand...
and that is why the school officials recommend maintaining F-1 status while AOS is pending. Theoretically you can fall back on F-1 if your AOS fails. However, I don't know anyone who had to and was able to do it. I guess there might not be a lot of people who can/had to do it, and they may not be on immigr. forums.
 
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