F1 to AOS

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PhillyDec01

Registered Users (C)
Hi,
My husband is on a F1 and working in the university part-time. If he applies for I-485 along with me, does his F1 become invalid and he will not be able to work?

Can he continue studying?

If someone has been through this before, please advice.

Thanks,

Kavitha
 
Some people say once you file I485, you can not keep F1 any more and your status becomes AOS. I also find it in the law, so I believe it is true. To work when in AOS, you would better apply for EAD card. But before you get EAD, you can not work. That is only my opinion.

My wife was on F-1(practical training) and we filed I485 for her last September. After that, her F-1 was renewed and we applied H-4 for her and it was granted. So this part is strange to me. I also do not know the answer.
 
Hi,

Thanks for the info. I understand that my husband cannot work before getting the EAD, but can he continue studying. Was it necessary for your wife to convert back to H-4?

Thanks,

Kavitha
 
My situation is similar. I have an AOS pending for wife and kids as well. My wife is on an F1.

The new BCIS regulations are a real pain because graduate students must update their academic progress every semester. I asked the ISFO whether my AOS will spare her this F1 crap and this was what I was told: my wife is still on F1 until either she leaves the US and comes back on AP, or she makes use of the EAD she has on hand.

In other words, she is still an F1 until she does anything based on her derivative AOS pending.

Hope this helps.
 
PS

As for work, he should be able to do so within the confines of the F1 for as long as he maintains that status.
 
esseyeb,

Thanks!! Your scenario is very close to mine and the info is helpful.

I also heard from my lawyer that the EAD can be applied from local INS office and they might issue it in a week. This will be helpful in the case where the F-1 becomes invalid when AOS is applied.

Thanks!
 
similar case

hi phillydec01
my wife was on a full time F1 and working P/t on campus. applied under my 485 (employment based). Her status is also application to adjust residence pending..as soon as you file the papers or receive the receipt you can continue studying. You may need to visit local ISO office and update them with information/copies but you can continue studying assured. On the basis of 485 pending, you can file for EAD/AP which allows you to work/travel.

Hope that answers your questions.....One note of caution, your spouse cannot ever revert back to a non-immigrant visa(F, B) since by filing for 485 he has already displayed intent to immigrate. So make sure your application goes thru is what I'm saying....
 
Hi octeac2002,

Thanks for info. Could you please tell me if your wife able to continue her part-time work at university after applying for AOS?

What is a ISO office? Wouldn't the international student office at univ take care of the status changes?

Thanks,

Kavitha
 
hi kavitha

Hi Kavitha,
Yes My wife is/was able to continue working P/T in a fellowship capacity (which the pending AOS or 485 privileges you to) as well as travel outside the country (AP). For the P/T working she doesnt need an EAD since its fellowship based.

Yes te ISO is the intl students office, but they often need to beupdated with changes in status etc. They take you off an international students list since your not technically on F1 anymore, once you inform them of an pending change in status.

Hope that helps..
Sorry for the late reply.
Good luck...
 
Hi octeac,

Thanks for the reply. My husband has a fellowship and works 10 hours as TA. From what you said, he should probably discontinue TA while AOS and until EAD.

Thanks,

Kavitha
 
hi

right, cause technically he's not a student anymore once his paperwork has been filed and its also "adjustment to permanent residence pending", which would need an EAD to work.
Good luck
 
I don't know about the ISO at your university but ours in pretty much on the ball. My wife is F1 with AOS pending. She still stays F1 unless:
a) she uses EAD to work outside the scope of the F1, and/or
b) she uses AP to re-enter the US

Until you use AOS privileges, you stay an F1.
 
Thanks octeac2002 and esseyeb for the valuable information.

My attorney said what octeac2002 mentioned and the OIP(Office of Internation programs) said what esseyeb said.

As long as the OIP is okay with AOS, we are going to go with OIP's rules and see what happens after almost 2 years to get the 485.

Thanks for your help.
 
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