Question on F-1 and Adjustment

L

Lucho

Registered Users (C)
This is my case.

I enter de country in 2006 on and F-1, My last day of class was January 1 2010, however the I-20 expired April 11 2010. I applied for adjustment of status on Sep 9 2010(that's the date on I-797). That application is still pending. My question is if I apply for Travel document, am I jeopardizing my come back to the states? Am I out of status? Did I accumulate unlawful presence? btw myI-94 has a D/S on it. I not longer have my I-94 because they took it in my interview.

Thanks
 
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If I understand correctly, unless USCIS declared you out of status your unlawful presence didn't commence until April, so you should be OK. Now if the school reported you earlier to USCIS via SEVIS then you might have exceeded the 180 days before September 9th and triggered the 3-year bar.
 
TheRealCanadian said:
If I understand correctly, unless USCIS declared you out of status your unlawful presence didn't commence until April, so you should be OK. Now if the school reported you earlier to USCIS via SEVIS then you might have exceeded the 180 days before September 9th and triggered the 3-year bar.
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I guess the first day of unlawful presence would be 60 days after my last day of class (january 1), and I would have accumulated like 190 days until sep 9. What confuses me is that since my I-94 has a D/S, and also de expiration of the I-20 which was april 12... I dunno if in those cases USCIS has to declare you out of status. Can they do that once u reenter?
 
Once you stop attending classes (other than the summer break), the school is supposed to report you via SEVIS. That triggers the termination of your status (adjusting the 60-day grace period, where applicable) in the USCIS system, regardless of what the I-20 says.

I don't believe your last day of classes was January 1st. It must have been mid-December, so your 60-day grace period ended in mid-Feb, 2010. Even if the school noticed your absence only in Jan or Feb, they can still report that your last day of classes was December 15 (or whatever it was).

I would advise you to stay in the US until your green card is approved. If you leave before that, you're playing fire with the nuances of unlawful presence and SEVIS reporting.
 
Jackolantern said:
Once you stop attending classes (other than the summer break), the school is supposed to report you via SEVIS. That triggers the termination of your status (adjusting the 60-day grace period, where applicable) in the USCIS system, regardless of what the I-20 says.

I don't believe your last day of classes was January 1st. It must have been mid-December, so your 60-day grace period ended in mid-Feb, 2010. Even if the school noticed your absence only in Jan or Feb, they can still report that your last day of classes was December 15 (or whatever it was).

I would advise you to stay in the US until your green card is approved. If you leave before that, you're playing fire with the nuances of unlawful presence and SEVIS reporting.
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Thanks.. Oficially it was january 1st. It was a GMAT course so schedule was different. Nonetheless I guess i am out of status for a few days then.
 
Jackolantern said:
Once you stop attending classes (other than the summer break), the school is supposed to report you via SEVIS. That triggers the termination of your status (adjusting the 60-day grace period, where applicable) in the USCIS system, regardless of what the I-20 says.

I don't believe your last day of classes was January 1st. It must have been mid-December, so your 60-day grace period ended in mid-Feb, 2010. Even if the school noticed your absence only in Jan or Feb, they can still report that your last day of classes was December 15 (or whatever it was).

I would advise you to stay in the US until your green card is approved. If you leave before that, you're playing fire with the nuances of unlawful presence and SEVIS reporting.
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Well I just found out that I am not out of status. I requested an attendance letter record and to my suprise it says that I attended until april 23(I only attended until January 2). I asked if that was the same info on my SEVIS and they said yes so I guess I am good. I only accumulated 150 days minus 60 of the grace period thats 90.
 
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