I got some latest info. from the univ. officer about my status

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peaceinheart

Registered Users (C)
Firslty, I would like to give my great great thanks to all u guys around who have kindly and timely answered my questions. May God bless you guys and wish u will have a good luck in ur application.
Just yesterday, I talked with an officer in the international student office. I was a little surprised by his answers. He told me he called the local INS and got some info, which said I still can keep my F-1 status as long as I reinstate my F-1 status with a new I-20. Certainly, I have to follow all the regulations for an F1 student. Even though it sounds like a little "unreasonable" based on my understanding and the posts from this forum, I decided to follow his advices to apply for the renewal of my I-20. Based on the officer's opinions, I still can stand as an F1 student when my I-485 got denied. But for me, I still have some worry about whether my reinstatement as an F1 will affect my I-485 processing. If my I-20 renewal got denied, that's not a big deal. But if this renewal application could affect my immigration status, I would rather not do it. I'm sorry I will bother you guys again. Please give some comments on this and great thanks here. Have a nice day.
 
I think that the F1 status might invalidate your AOS status. Check with a lawyer before renewing I-20
 
I am not sure, but this is what we do...

My spouse is in the same situation as you. I got my case approved about six months ago, but her case is still pending. I discussed her case with my lawyer before she sent out her I-20 renewal. Per my lawyer, as long as she doesn't use AP/EAD, she can still maintain her F-1 status. She has her I-20 renewal approved a few months back. Don't know when her 485 case will be touched though. :(
 
ben2000,

I would go for a second opinion if I were you. Logically it doesn't make sense, I-20/F1 is a non-immigrant visa. Unlike H1/4 which allows you to hold both (visa + AOS) at the same time. Which means that a F1 is mutually exclusive from a AOS application. Applying for I-20 indicates abandoning the 485. Offcourse that sounds a little drastic, but I would definitely double check if I were you.
 
Hi, ben, did ur wife ever apply for AP and EAD?

Hi Ben,
Thank u very much indeed for ur reply. Just wonder whether ur wife ever applied for AP and EAD. Your lawyer said, as long as ur wife didn't use AP or EAD, she still can keep her F1 status. I have two questions about that:

1. If ur wife's status is F1, based on some posts, she might not be in immigration status. Could ur wife's F1 status affect her application for AOS(adjustment of status)? What did ur lawyer say about that?

2. Does the term, "never use AP and EAD", also means " not applying for AP and EAD". I have sent out my application for both of them. I'm not sure whether I still can follow ur wife's way.

Thanks again.
 
Tuition

In my understanding,
F1 student always must pay the highest tuition.
If you change your status to AOS pending and if you have lived in the state for a year,
you may pay the lowest tutuion as a resident.
 
How about my case

I also applied as F-1 student and my spouse being the primary applicant. I have used my EAD card to work on my internship. Does that mean my case will be delayed when compared to my spouse? I have maintained my full-time student status throughout and another thing which Kashmir mentioned holds good for me too, after one year I changed myself to resident status and have been paying my resident fees.

Please comment about my case.
 
peaceinheart

>1. If ur wife's status is F1, based on some posts, she might not >be in immigration status. Could ur wife's F1 status affect her >application for AOS(adjustment of status)? What did ur lawyer >say about that?
I am quite confused about this either since according to some lawyers, once you file your 485, you are not a F1 any more. So I applied for EAD and AP for my wife. My wife went to the internation office and told them about the 485 thing and asked them whether they need her EAD to keep her status. The supervisor there just said 'no, that's fine. After your case is approved, we will update your status to permanent resident.'

The I20 renewal thing, actually, I should say it is I20 replacement(due to security check from BCIS), was done by the international office for every international student recently. I checked with my lawyer and since she said no problem, I just let them do the job.

>2. Does the term, "never use AP and EAD", also means " not >applying for AP and EAD". I have sent out my application for >both of them. I'm not sure whether I still can follow ur wife's >way.
I think my lawyer meant by not using AP and EAD. I renewed EAD for my wife recently, and had no problem.

I have read many postings about F-1 status and AOS and am still not sure whether what we have done is right. If as some people say, you give up your F-1 once you file your 485, doesn't it imply that you can't be a TA/RA before you get the approval of your EAD?
 
140_takes_4ever

>I would go for a second opinion if I were you. Logically it doesn't >make sense, I-20/F1 is a non-immigrant visa. Unlike H1/4 which >allows you to hold both (visa + AOS) at the same time. Which >means that a F1 is mutually exclusive from a AOS application. >Applying for I-20 indicates abandoning the 485. Offcourse that >sounds a little drastic, but I would definitely double check if I >were you.

I total agree with you about this. I asked my wife to show the payroll and international office staff her EAD so that she could continue to work as a RA. But they all said that this is not necessary. I also know some friends who applied for green card when they were F-1(not through spouses), none of them had any problems even without applying for EAD. I think I can just pray to god for now. :confused:
 
ben2000

ben2000,

Unfortunately, counsellors in the international office are not at the top of the class when it comes to the immigration law. If at some point of time it is proven that your wife was out of status/abandoment, you cannot pull them up and say you spoke with them. The onus of being legal is on you. I would definitely consult another lawyer with more experience in these matters, just to settle the logical fallacy. It wouldn't cost too much and will save you a lot of heart ache latter on.
 
Ben, this issue is indeed quite confusing

Frankly speaking, I was totally confused by the supervisors/counselors in the international student office. Before the deadline for the renewal of I-20, I ever asked them whether I needed to renew my one. The answer I got was that I didn't need to do that and I also could do my RA/TA without any problem. But now, I realized that was wrong. Even now, different counselors there had given me different explanations. One said I have abandoned my F1. Another said that it was still possible for me to hold F1 while my immigration status is pending. See, how cofusing it could be. My personal opinion about that is if ur wife has got the I-20, at least she can work under I-20. But for the long run, I'm not sure. For my case, it's a little tougher. Since I've missed the deadline, I have to apply it individualy. I'm even not sure whether I can get it or not. Here are some words I got from the I-539 form which is used for the reinstatement of F1 status:

*******************
Who May Not File
You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program or if your current status is:

. an alien in transit (C) or in transit without a visa (TWOV);
...

********************
I'm not sure whether the "pending" status is the same as "an alien in transit". Plus when I filled out the form, I found it required to answer whether u ever filed I-485. My guess is if u ever filed I-485, u could be rejected for the reinstatement. In other words, it sounds not right for anybody who concurrently has a F1 and "Pending" status. But this is just a wild guess. Don't need to be panic for that.
For my case, I finally decided to give up the I-20 renewal and wait for the approval of my EAD. Certainly I will stop doing my RA. This is just purely for being safe.
 
Re: How about my case

wac02dec01,

There is no reason for your case to be delayed. That wasn't what we were discussing. We were discussing the legality of being on F1 and AOS at the same time. I think by using your EAD card to work on your internship was a smart move. Though I am not so sure about you maintaining your full-time student status. If you haven't applied for a new I-20, instead just applied for AOS, your 485 application gains precedence and you are now an adjustee and no longer a full-time student.

I would go as far to say, DO NOT, not pay SS tax because of the F1 proviso, and instead go ahead and pay full SS + federal and state taxes as would be expected out of you as an adjustee. Atleast as long as this confusion is not cleared. You can always file an amended return to get your money back if it is legal to be on your F1 and 485 at the same time.

Originally posted by wac02dec01
I also applied as F-1 student and my spouse being the primary applicant. I have used my EAD card to work on my internship. Does that mean my case will be delayed when compared to my spouse? I have maintained my full-time student status throughout
Click to expand...
 
Re: Ben, this issue is indeed quite confusing

peaceinheart,

No need to stop the RA. Go ahead and work, just ask your Advisor to suspend payment, and reinstate it with bonus for work done after you get your RA.

Originally posted by peaceinheart
Certainly I will stop doing my RA. This is just purely for being safe.
Click to expand...
 
Hi folks,

F-1 status will not invalidate your AOS. Matter of Houssenpour in 1974 (?) has already clearly shown this point.

However, if you try to do something extra, like reinstatement/F-1 extension/ landing with F-1 visa (visa is not status), certainly it is contradicting your AOS intent. The information I got is that INS will deny your application for F-1 reinstatement. But if they really grant/reinstate your F-1 application, your AOS is not validated any more from the standpoint of law.

As AOS, you can enjoy much lower tuition benefit. This is good especially when two California university systems raised their tuition by one third. Why not enjoy it?

Duke
 
So, duke, one does not have to enroll as a foreign student if on AOS? Can you please tell me the documentation that universities require? What status does one write on the application for admission?

Thanks!
 
Hi Niladri,

I am not sure about other university policy. In California, e.g. for UC system, they will treat AOS as residents. If you are from NY (as AOS, citizen or PR) and wish to pay resident's tuition, then you will be asked if you are willing to file an application form to change your current non-resident status to California resident for the tuition purpose. Citizen, PR and AOS are allowed to do so after they provide the required evidence to prove their stay in California within a period. I believe you can get these forms from the Registar office or from their website.

Duke
 
Niladri30,

All you need are your tax filings, first thing you do is when the time comes to pay your fees you check the resident box and pay the resident fee's after that in case the university kicks up a fuss. Show up with tax filings and 485 receipt to prove AOS status. That should do the trick.
 
Now I am really nervous...

after reading this thread. I will consult with some lawyers to see what we could do. The international office staff really massed up my wife's case here. They just sent out an email saying that they are going to renew everyone's I-20, before we could do anything to stop it, it was already filed. :(

PeaceinHeart, I think you are doing the right thing here. Just show your schoold your EAD and don't do the I-20 renewal, you should be fine. Good luck.
 
don't need to be panic, ben

Hi ben2000,
Have you read the post from duke_of_ca? I think what he said might be right. Your wife might be able to keep her F-1 status and her "pending" status concurrently though I'm really not quite sure about it. My case is a little different from that of your wife. Because I missed the deadline, Aug, 1, I have to do a reinstatement, which might invalidate my AOS status. But for your wife, if she has always been "in status of F1", I think it should be no problem. But what I couldn't understand is why your wife is filing her renewal of I-20 now? Did she file it individually or follow all other international students before the deadline of Aug 1. If it is the former case, maybe your wife is in the same boat as me and I would suggest stopping to do it. If it's the latter one, I think you don't need to worry about it based on duke_of_ca. I indeed have a friend who is in the same situation as me. But he renewed his I-20 before Aug,1. So it sounds like he still can keep his F1 status.
 
Hi! Peaceinheart, sorry, I didn't explain it clearly in my previous posts. The international office in my wife's school did the I-20 replacement for every foreign student in March 2003. She got her new I-20 form sometime in May.

I just got a reply from a lawyer, he said that what we did is fine and will not invalidate her 485. :)

But in your case, I think you are right, you probably should not file the reinstatement. You can just use your EAD to get paid.

I have friends who filed 485 when they were still students and never applied for EAD and got their green cards. Hopefully, we will all be fine and get our cases approved.
 
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