Status question

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NYGCSeeker

Registered Users (C)
Status question - I need some help

Hello All,

I have a question. I came to US on a F1 visa. I registered for the regular 9 credit hrs but Due to some problems with my health, I had to take a "F" in one of the courses.

1) Will I be considered out of status for that period.

2) When does the INS check the status of the 140/485 applicant.

3) How often does the INS reject 485 applications after 140 is approved.

Thanks
 
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One more question

If I have applied for H1 and have a receipt number but did not enroll for the quarter, will I be considered out of status.
 
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By law, you need to be in full student status if you are on F1 visa. Atleast 9 credits to be registered for each term you are enrolled in. Even if you are less by 1 credit, you are abandoning your student status which is totally illegal.

You would need to provide sound medical records for not being able to take a full course load and should be able to demonstrate it well.

INS would however know that you havent maintained student status through SEVIS program where the School sends all your information with regard to your courses registered.

Just merely applying H1B and receiving a receipt number doesnt make you in Status. Only when you are approved when you have legally started working on the H1B status you are on status.

Sometimes, INS becomes tricky to reject H1B petitions when you havent maintained full course load and becoming out of status.

INS laws states that a person cannot do change of status if he has maintained illegal status.
 
Getting an "F" does not mean that you are out of status.

You were still registered for the entire 9 hours (I am assuming this is grad school). Does the "F" appear on transcript?

You are out of status if you:
1) Register for less than full time course load (9 hours for graduate)
2) Drop or withdraw from a course before the semester is over
 
Thanks for all the replies....

This was all 6 years ago when there was no SEVIS. At what stage will the status check occur? 140 or 485?

My H1B petition took nearly a year to get approved in 1998. During that time, I did not register because the attorney representing me for the H1 said that I did not need to register because we are waiting on the approval of H1.

Also, I have had 3 H1 transfers since and also my Labor has been approved.
I think that I might be streching my luck regarding the status...

If I am is a BAD situation any thoughts on remediation procedures would be very helpful.

Want GC Soon said:
By law, you need to be in full student status if you are on F1 visa. Atleast 9 credits to be registered for each term you are enrolled in. Even if you are less by 1 credit, you are abandoning your student status which is totally illegal.

You would need to provide sound medical records for not being able to take a full course load and should be able to demonstrate it well.

INS would however know that you havent maintained student status through SEVIS program where the School sends all your information with regard to your courses registered.

Just merely applying H1B and receiving a receipt number doesnt make you in Status. Only when you are approved when you have legally started working on the H1B status you are on status.

Sometimes, INS becomes tricky to reject H1B petitions when you havent maintained full course load and becoming out of status.

INS laws states that a person cannot do change of status if he has maintained illegal status.
Click to expand...
 
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