F1 traveling with AP

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xyk

Registered Users (C)
This is about how to keep the legal status.

BACKGROUND: I am a F-1 graduate student with the I-485 pending status as a dependent, and plan to travel abroad on Oct 16 and return back on Nov 10. I went to the Immigration Office in the university and was told that I definitely can come back with valid AP. However when I come back, I will lose my F-1 status. There is no problem to continue my studies as a graduate student and can get payment only under EAD. Things seem fine to me. However, I applied EAD on Aug. 2, 2003 (ND) and of course have not got it so far. The date when I come back will bypass 90 days of my application. So, I could get iEAD the next day.

POTENTIAL PROBLEM: I am keeping get the monthly payment.

QUESTION: When will my F-1 status be forfeited, on the date of departure or reentry?

If I lose the F-1 at the date of departure, I will not get payment legally. If I do so without valid EAD, I will encounter the problem being illegally paid.
If I lose the F-1 at the date of arrival, I will automatically transfer to AOS at that day and hopefully will get the iEAD the following day. Since my payment is continuous, say I lose the status being paid as F-1 on Nov 10, and get the legal status paid under EAD on Nov 11. Theoretically, I will not have any gap being legally paid.

A short answer is to stop payment, but I really want others.

Any suggestion will be fully appreciated!
 
xyk,

Your status will change ONLY on re-entry. When you leave the country, they don't care what status you are on, all you do is surrender your I-94. You can continue getting payments as a graduate student on your F1. After you enter the country, switch over to iEAD ASAP, and you will get paid based upon AOS.

It is terrific that you are doing your research before posting questions, it definitely helps answer them better.

Regards and have a safe trip!
 
140_takes_4ever,

When is F1 status considered abandoned?
1. When one travels on an AP?
OR
2. When one re-enters?

The I-94 is surrendered during event 1.

Are you sure (precedent, etc.), or is there need for seeking legal opinion?

ADDED LATER: I'm going clarify my question further. Is there a concept of 'status' for an alien outside the US? So is 'status' preserved during travel abroad, or is it relinquished and re-acquired at the time of re-entry?
 
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niladri30,

so you feel that something is wrong with the 'status' idiom if one is not in the country, eh? ;) Your suspicion is correct. A status is relinquished during departure and re-acquired (probably, a different one) during the next re-entry.

So, technically, whenever someone, being not a Legal Permanent Resident of the US or a Citizen of the same, goes on vacation out of the country, the status is lost for the duration of the trip. But that person continues to receive a salary here. Now, since the aforementioned person is not in the country, s/he does not need a valid employment authorization, because that person does not really render any services for the company that pays him/her. It is like having an active employee overseas, but keeping him/her on a domestic payroll. Now, when that person finally returns from the said vacation, a status appears in the picture. If the entry document changes with regard to the previous entry, however, this change should be properly documented in a certain I-9 form kept with the employer. At this point, if the new status alone does not allow to engage in an employment, then a separate employment authorization must be procured in order to continue the prior employment, because otherwise it will be considered unauthorized and illegal.
 
BitterMan is correct in the definition of Status. When someone leaves the country they don't have a status. But for employment purpose, the change in status (or lack of one) doesn't hinder them in receiving payment for the same. No reason for xyz to not get paid. Offcourse once he/she enters the country, he/she will need to immediately file for iEAD to continue to get paid.

The interesting thing here is that he/she is getting paid inspite of being on vacation and being a student. I always remember having to submit my timecard before I would get paid! :(

Well more power to him/her :)

Originally posted by BitterMan
A status is relinquished during departure and re-acquired (probably, a different one) during the next re-entry.
Click to expand...
 
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