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question about my status

rga

Registered Users (C)
DV2005EU13xxx
I have overnighted all of my AOS documents on Jan. 3rd, 2005. Seven days later I recieved a confirmation from the Oklahoma City service center that they accepted my documents, which they recieved on Jan. 4th, 2005.
I have also filed for Employment Authorization (costs $175 and has only one simple document to fill out) along with my AOS. The immigration officer said that it takes 2-3 weeks for them to process Empl. Author. from the date of reciept of my documents.

I am on F-1 student visa. I was a full time student during the entire 2004. I decided not to go back to school this year. Once I get my work permit I will start working full time while waiting for the green card.

QUESTION: Do you think there could be a problem that I am not enrolled in school full time after I filed for AOS and Employm. Author.?
 
I was advised by my school advisor and my lawyer to stay in school until they stamp my passport. It makes sense: if I don't enroll in classes, I'm out of status automatically. Same goes for you, except if you took a vacation during current semester.
 
In theory, you do not have to maintain your F-1 status after you file AOS. However, I'd be very careful if I applied for AOS based on DV lottery, since (unlike family immigration) DV cases are not guaranteed to adjust. Then you have nothing to fall back on.

However, if you maintain your F-1 status all the time DV AOS is pending and something happens at the interview and you do not get your GC, you can always fall back on F-1 status.
 
You said, "if something happens during the interview" I may not get the g.c. What could possible happen during the interview? Your parents' interview looked pretty easy and straight forward (I suppose consular interview is not much more different from the AOS interview). I thought that as long as all my documents are in good shape and I have maintained my legal status I should be OK.
As far as the question of whether to stay or not to stay in the school after filing AOS is concerned, you are right. That was exactly the same answer I got from the immigration officer when I went to OKC last week.

I have also applied for Empolyment Authorization (I-765 I believe) alone with the Adjustment of Status. This authorization will allow me to work anywhere I want and as much as I want. Within a few weeks I should have this permit. I guess I am gonna have to take a risk by quitting the school and start working full time until I get the green card. I am pretty confident that I'll get the green card. I do not have a criminal past, did not break any laws (just one traffic ticket), maintained my legal status at all times. My prayer is that my case would not get lost, misplaced, have a mistake done by the immigration.

Thank you for your advise, though.
 
Last edited by a moderator:
rga said:
You said, "if something happens during the interview" I may not get the g.c. What could possible happen during the interview? I thought that as long as all my documents are in good shape and I have maintained my legal status I should be OK.
.
I know of very many cases when people didn't succeed at the interview (different reasons, really - couldn't produce a job offer or an affidavit of support, couldn't produce evidence of high school diploma, while actually had a degree from college, spelling mistakes in documents, no police certificate, consul didn't like them...etc) . I also know of many people whose administrative check after the interview took 9 months and they didn't get their visas/didn't adjust in time for September 30th. THey didn't get their GCs.
 
i know many of pple that was not given for one reason or the other, just make sure you have all info. about all the stuff, equip yourself and do pre med. test etc, and pray the consul. like your face. :(
 
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