F1->I-485, what to do with Scholarship etc.?

[riko44]

Dear all

I am currently on H1-B visa, and I have recently submitted I-485 AOS application. (My company sponsors my GC). The same time I-485 application (along with EAD application and AP application) was submitted for my wife, who used to be in F-1 status. She is a student, and she is doing PhD. On the top of that she is getting scholarship from the University.

From what I understand, once I-485 was filed on her behalf, her status was changed to ‘Pending Adjustment of Status’.

Of course, she has not received EAD itself; this will take at least a month or two (VSC).

Question (1) Is it ok that she will continue her studying and she will continue to receive the scholarship?

Question (2) When exactly will she loose her F-1 status ? I am not sure whether this is the date when package was received in INS mailing room or this is the date that will be specified on the I-485 receipt, which we have not received so far …

I got a very strange lawyer who says that my wife will continue to keep her F-1 status until she will re-enter to US and get a new I-94, and to me it doesn’t seem to be right.

We have not talked to University International Student Advisor (maybe we do not have to scary them before EAD will come

On the top of that, University is going to submit student related information to this new tracing system SEVIS, so we do not really want to give them false information.

Any comments are greatly appreciated !

P.S. I know, I know, ‘find a good lawyer…’ but you’ll never know

 

[sd1963]

this is my 2 cents

if your wife was in H4 she would have continued to be in H4 as long as your are in H1 even after submitting AOS application and getting EAD. (unless you enter the country on AP or you submit a new I-9 with updated status)

So the fact that you got your EAD doesn't affect you original status anyway unless you trigger something.

following the same hypothesis. if your wife is in F1 (in fact this case is even stronger because even if you change from H1 she should not be affected) she should be free to maintain F1 status.

again I am not a lawyer you know the rest......

 

[riko44]

That's the problem ... F1 is different from H1\H4

Originally posted by sd1963
this is my 2 cents

if your wife was in H4 she would have continued to be in H4 as long as your are in H1 even after submitting AOS application and getting EAD. (unless you enter the country on AP or you submit a new I-9 with updated status)

So the fact that you got your EAD doesn't affect you original status anyway unless you trigger something.

following the same hypothesis. if your wife is in F1 (in fact this case is even stronger because even if you change from H1 she should not be affected) she should be free to maintain F1 status.

again I am not a lawyer you know the rest......

 

[sd1963]

why do you think so . if she was on H1 she could have continued to be on H1 right? just like your getting EAD doesn't affect your H1 her getting EAD shouldn't have affected her H1.

F1 is like having a H1 ( means her status is not dependent on yours)

just my thought

 

[riko44]

In differ from F-1, H1-B (and L, by the way) IS a 'dual-intent' visa, so as per document below you can maintain current status and show your immigration intentions.
When person files I-485, he/she does show immigration intentions.



http://www.shusterman.com/hl-99regs.html

Originally posted by sd1963
why do you think so . if she was on H1 she could have continued to be on H1 right? just like your getting EAD doesn't affect your H1 her getting EAD shouldn't have affected her H1.

F1 is like having a H1 ( means her status is not dependent on yours)

just my thought

 

[nkm-oct23]

Originally posted by riko44
In differ from F-1, H1-B (and L, by the way) IS a 'dual-intent' visa, so as per document below you can maintain current status and show your immigration intentions.
When person files I-485, he/she does show immigration intentions.



http://www.shusterman.com/hl-99regs.html

Your wife lost her F1 status once her I-485 application was received. If she were on H4 status, she would have continued on H4 even after your filing I-485, provided you also maintian valid H status ( by not using EAD/AP, etc.) BCIS rules only allow H and L status holders to continue to hold that status with pending I-485.

It is OK for here to receive any scholarship since it is not considered a wage.

I hope this clarifies most of your questions.

 

[riko44]

Yes, it does clarify.
Thanks a lot !
I hope University authorities and have the same point of view

Originally posted by nkm-oct23
Your wife lost her F1 status once her I-485 application was received. If she were on H4 status, she would have continued on H4 even after your filing I-485, provided you also maintian valid H status ( by not using EAD/AP, etc.) BCIS rules only allow H and L status holders to continue to hold that status with pending I-485.

It is OK for here to receive any scholarship since it is not considered a wage.

I hope this clarifies most of your questions.