What should I do? My school dont' let me go...help!

cindywang16 said:
yeh....I am all really to go back to school and fight for it now.

no...my school is in mid-west. But they are pretty stupid though.

Another thing my freind told me, I might can do.
I dont' know if that will work.
"IF" I can find myself a emplyeement where my husband is (p.s. he lives in US, I am not leaving the country) that if they willing to support me to apply CPT, than I can start working and leave my school.

Maybe I am stupid, but will that work?

thank you so much,
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This is TOTALLY UNNECESSARY. The school has no right to insist on any of this and even if the school were to report you, absolutely nothing would be done to your application.

Attorneys often advise people to maintain their current status -- but this is not a necessary element of maintaining valid status. On a case-by-case basis, some people are better of maintaining status, in case they are denied, so that they are able to continue in the present status. Also, H1B holders have tremendous advantages in maintaining their status until becoming permanent residents --- all of this is case-based.

Nevertheless, while the OP cannot travel without AP, she is perfectly free to drop out of school, not go to school, attend another school etc. The F1 visa no longer governs her status.

Tuition, paying different rates, is a different matter and often varies from state to state.

You have given the designated school official the appropriate information -- if necessary and they persist, get an immigration attorney to write you a letter to lay out the facts, with an "underlying inference" of action to be taken if they do not comply with immigration law. This is done very often.

Unfortunately, this issue arises often --- lack of education is to blame.
 
Unfortunately, this issue arises often --- lack of education is to blame.
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Indeed, having dealth with immigration people from 3 different Universities, I'm been sometimes appalled by the shocking incorrect information and advice given. Having educated myself in USCIS matters, I find it hard to imagine how someone professionally doing this job doesn't understand simple law.
 
cindywang16 said:
"IF" I can find myself a emplyeement where my husband is (p.s. he lives in US, I am not leaving the country) that if they willing to support me to apply CPT, than I can start working and leave my school.
,
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You can't apply for CPT after AOS is filed. You need EAD(based on AOS) to work.
 
I am a green card holder planning to marry F1 student, who currently attains university and has a valid F1 status.

1) Is the discussion in this thread applicable only if F1 gets married to USC or
its also applied for marriage to Green Card holder?

2) After marriage if we apply I485(AOS), EAD and Advanced Parole and
assuming her university studies are over can she continue staying in USA
still she gets her Green Card and work on EAD from the day she gets her
EAD OR not work at all and just wait for GC?

3) Is it ok for her to travel out of USA with a valid Advanced Parole while her
current status being pending I485(AOS)/EAD? Will there by any issue on
her return to USA though she has valid Advanced Parole?

thanks for any feedback.
 
GC Guy said:
I am a green card holder planning to marry F1 student, who currently attains university and has a valid F1 status.

1) Is the discussion in this thread applicable only if F1 gets married to USC or
its also applied for marriage to Green Card holder?

2) After marriage if we apply I485(AOS), EAD and Advanced Parole and
assuming her university studies are over can she continue staying in USA
still she gets her Green Card and work on EAD from the day she gets her
EAD OR not work at all and just wait for GC?

3) Is it ok for her to travel out of USA with a valid Advanced Parole while her
current status being pending I485(AOS)/EAD? Will there by any issue on
her return to USA though she has valid Advanced Parole?

thanks for any feedback.
Click to expand...

You are confusing issues ---The discussion above refers to marriage to US citizen.

Spouses of GC holders are not immediate relatives --- there is a waiting time for visa to become availabe, only then can the person adjust status. During the "waiting time", the person needs to maintain a valid nonimmigrant status, e.g. student visa in US and needs to adhere to those conditions. You will not get an EAD or AP based on an I130 waiting to become "current".
 
this is sooo horrible that schools would do this crap. i was F-1 and took a year off on OPT. i just started my AOS. and am now back in school. i don't have anything except the notices and i went with that. they not only let me apply as a non-matric for a graduate program which no F-1 visa holder can do, but they also charged me resident fees.
i know it depends on the staff at the school, but everyone here who is paying international fees and having all these probs from school could print all the laws or stuff written about status changes from the website and go to the dept. and use that as a back-up.
i think even paying international fees is horrible. it's just so much of money and as a GC holder you can even apply for financial aid and TAP. i just don't get how schools insist on maintaining the international status when that is totally not valid anymore. and then the threats of reporting and deportation.....it really sucks.
btw the international advisor at my old school sucked!! he didn't know anything....so what i did this time is i went to the admissions guy of the school....(not the dept)...
 
I couldn't agree with you more! It's so annoying! It isn't even my job and I find myself having to explain immigration laws to the school immigration "professionals."

dr_lha said:
Having educated myself in USCIS matters, I find it hard to imagine how someone professionally doing this job doesn't understand simple law.
Click to expand...
 
From the day they received your application, stamped it and sent you a receipt, you stopped being an F-1. Now your status is 'pending AOS'. So none of the rules about F-1 apply to your situation anymore... including OPT. Optional Practical training is offered to F-1 students only, you need to apply for a different kind of work authorization EAD, which is what other people have prevously mention. If you don't want to, you don't even need to give any explanation to your school, you're here legally, and you'll stay here legally unless your application gets rejected.

It is amazing how schools don't have a clue about immigration, they only know about F-1 status. When I was going to get married I went to meet with the int. student advisor from my school... he recommended to hire a lawyer.
 
Well it isn't the job of the student advisor to tell you how to apply for a green card after all, so his advice sounded like it was the standard "if you need help with this see a lawyer, not me" that I got when I asked my (thankfully excellent) immigration people at work for advice about Green Card application.
 
dr. iha, your lucky that you got good advice, and i agree w/ you that international advisors are very limited with their advice, unfortunately there are some that give you the wrong advice and even judge. my last advisor didn't tell me about OPT, CPT or whatever, i was this close to being out of status. and then i asked him what my next steps were (after a friend told me just in time that i have to get OPT), he goes and says 'oh you just really wanna be here don't you'. so i didn't even tell this idiot that i got married.
the sad thing is that a lot of international students are young and naive about the laws. sure they can get a lawyer, but they have to have a lot of money for that and so they usually just go to their international advisors. thus, i think that these guys need to know more than the sad lines they keep throwing at most ppl.

cindywang16, it's just like everyone has been saying here and clearly stated by payala. don't even think about F-1 anymore after you get your notices. and you don't have to explain anything to your school anymore.

you have to get EAD to work. you'll have to file form I-765. forget about OPT, CPT, whatever.
 
If you read up this thread a bit, you'll see that in previous experiences I was almost deported due to incompetant immigration people at my employers. So I'm fully aware of the idiots that do this job. For a while I thought, well if they had never been through USCIS issues themselves, then they can't fully understand the process, but the worst guy I ever had was a Green Card holder himself and he was a f***ing moron who should have been fired (I filed a complaint, but it didn't go anywhere).

I'm lucky that at my latest job, we have competant people, but they seem to be the exception rather than the rule.
 
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