I-20 after applying for PR (AOS)

[dedonde2]

I have applied for family-based AOS and have an I-797c. I am also changing schools. Do I need to get a new I-20 from the new school or should I register as a "pending permanent resident" based on my I-797c? The school says it is my choice, but I don't know the pros and cons for each route.

Will I be able to continue working on campus before getting EAD if I choose not get a new I-20? and what are the consequences of getting a new I-20 or not getting it.

Thanks a lot.

 

[Jackolantern]

Once you have the I-485 receipt (i.e. the I-797 that was given in response the I-485 application) you definitely don't need a new I-20 to study at the same school or a new school. You can show the I-797 and enroll based on that. You can qualify for in-state tuition with the I-485 receipt (although you'll likely need to wait a year), you won't be required to study full time, and you won't have the government monitoring you with SEVIS.

However, you're pushing into a really fuzzy area of the law if you change schools after filing I-485 and get a new I-20 and work on campus without an EAD.

 

[dedonde2]

Thanks Jackolantern.

So, I guess to be on the safe margin I need to get the new I-20 and work based on "I-94 + I-20" until I get an EAD.

I don't mind the paperwork and my entire tuition is waived so it doesn't matter whether I am considered international or not. However, the school says "we allow you to request an I-20 even though you have a pending application for permanent residency...consult with your lawyer about this" as if registering as an international student is against the normal procedure. Well, I don't have a lawyer and I am confused.

 

[Jackolantern]

So, I guess to be on the safe margin I need to get the new I-20 and work based on "I-94 + I-20" until I get an EAD.

No, to be on the safe side don't get a new I-20 and don't work until you have an EAD. The problem is that F-1 status (which is supported by your I-20) doesn't mix well with a pending I-485.

However, the school says "we allow you to request an I-20 even though you have a pending application for permanent residency...consult with your lawyer about this" as if registering as an international student is against the normal procedure.

That's because you're normally not supposed to register as an international student if you have filed the I-485.

 

[TheRealCanadian]

No, to be on the safe side don't get a new I-20 and don't work until you have an EAD. The problem is that F-1 status (which is supported by your I-20) doesn't mix well with a pending I-485.

The mere act of filing the I-485 doesn't terminate F-1 status, and as an Immediate Relative any unauthorized work would be forgiven.

 

[Jackolantern]

The mere act of filing the I-485 doesn't terminate F-1 status, and as an Immediate Relative any unauthorized work would be forgiven.

Except that this is about changing or extending F-1 status (new school), and the unauthorized work (if it is indeed deemed to be unauthorized under the circumstances) would be occurring after the I-485 is filed, not before. I'm not so sure that unauthorized work during the I-485 process is forgiven in a marriage-based case, even for immediate relatives.

If the school has to consult with USCIS before issuing the new I-20, I expect the I-20 to be denied.

 

[TheRealCanadian]

Except that this is about changing or extending F-1 status (new school), and the unauthorized work (if it is indeed deemed to be unauthorized under the circumstances) would be occurring after the I-485 is filed, not before. I'm not so sure that unauthorized work during the I-485 process is forgiven in a marriage-based case, even for immediate relatives.

It's forgiven.

 

[LucyMO]

and it's not unauthorized if she is officially on F-1 and working on campus (assistantship).

 

[LucyMO]

If the school has to consult with USCIS before issuing the new I-20, I expect the I-20 to be denied.

just the opposite - sometimes schools recommend that you maintain your F-1 status while AOS is pending, just in case. You never know what is going to happen.