F1 expired, AOS pending, Am i Legal to travel?

[Balmatlab 0]

Hello all,

Here is my situation:

I entered as a student in 2002. Finished my schooling in 2006 (4 years), completed OPT in 2007 (+1 year) and took community college course for a semester (+1 year). Classes ended on Dec 21st 2007. Me and my girlfriend (US citizen) of 4 years at that time decided to get married in Jan 08. USCIS received AOS app, EAD app and AP app on Feb 14th (priority date). I received the EAD and AP on July 20, 08. Received I-797c on Aug 15th, which stated my interview date as Oct 2nd 08.

My problem:

Me and my wife moved on Aug 22nd, 08 (a few days ago as she is starting her PHd program) from Vermont to Mass, and on receiving my AP, I bought a plane ticket to go home from Sep 6th through Oct 15th.

My questions to you all:

1.First of all, am I allowed to travel outside the country as my student visa has already expired? Between the time of end of school (Dec 21st, 07) and receiving of my AOS application at USCIS (Feb14th, 08) less than 60 days have passed (the legal time limit you can stay in the country even after the visa expires). But being in AOS pending status make me illegal to to re-enter the country (it's been 7-8 months)? My I-94 has no expiration date but only (D/S) which refers to Duration of Stay. Anyone have similar experience?

2.Do I need to inform the USCIS of the address change immediately? Will this push the date of interview further back or will it take place at the initial location (St. Albans) and will the dates change as well as we are in a different jurisdiction?

thanks for all your help.

Saurav

[Lili 3]

Mmh, lots of questions there... I will try my best.

The rule is that you have a 60 days grace period at the end of your studies where you remain in status.

The fact that you filed within 60 days would mean you had not accumulated any overstay but do not quote me on that. Your best option would be to ask your school (they are usually the ones flagging your account when you fail out of status) or even better, a lawyer.

Personally, I would not risk leaving the country and being refused coming back but that is a personal decision.

Regarding the change of address, yes, let USCIS know right away. Do it in three ways: phone, online and mail.

You want to make sure that they do have your new address.

[Marcus and Laura 4]

Hello all,

Here is my situation:

I entered as a student in 2002. Finished my schooling in 2006 (4 years), completed OPT in 2007 (+1 year) and took community college course for a semester (+1 year). Classes ended on Dec 21st 2007. Me and my girlfriend (US citizen) of 4 years at that time decided to get married in Jan 08. USCIS received AOS app, EAD app and AP app on Feb 14th (priority date). I received the EAD and AP on July 20, 08. Received I-797c on Aug 15th, which stated my interview date as Oct 2nd 08.

My problem:

Me and my wife moved on Aug 22nd, 08 (a few days ago as she is starting her PHd program) from Vermont to Mass, and on receiving my AP, I bought a plane ticket to go home from Sep 6th through Oct 15th.

My questions to you all:

1.First of all, am I allowed to travel outside the country as my student visa has already expired? Between the time of end of school (Dec 21st, 07) and receiving of my AOS application at USCIS (Feb14th, 08) less than 60 days have passed (the legal time limit you can stay in the country even after the visa expires). But being in AOS pending status make me illegal to to re-enter the country (it's been 7-8 months)? My I-94 has no expiration date but only (D/S) which refers to Duration of Stay. Anyone have similar experience?

2.Do I need to inform the USCIS of the address change immediately? Will this push the date of interview further back or will it take place at the initial location (St. Albans) and will the dates change as well as we are in a different jurisdiction?

thanks for all your help.

Saurav

Technically your F1 Visa becomes invalid as soon as you apply for your AOS and you become and adjustment applicant. but with your AP you should be good to travel.

AS for changing the address thats a tough call. Changing your address would likely change the interview date. I was told by an IO at an Infopass that you could just turn up to the interview with your AR-11 and the other form and say you just moved... but that could be risky since I have heard of people being put off by the interviewing officer too. Like Lilli says maybe worth talking with a lawyer.

[Balmatlab 0]

Thanks for the suggestions guys.

I am torn about the address change as well. I am scheduled for an infopass meeting with an IO at St. Albans (4 hr drive) Hope it is worth it. I am also planning to talk to a lawyer tomorrow after the meeting at St. Albans. By that point I should have figured whether or not my interview dates and location will change and whether or not I can go home and for how long.

I'll post my experience.

[Paul&Adri 0]

Thanks for the suggestions guys.

I am torn about the address change as well. I am scheduled for an infopass meeting with an IO at St. Albans (4 hr drive) Hope it is worth it. I am also planning to talk to a lawyer tomorrow after the meeting at St. Albans. By that point I should have figured whether or not my interview dates and location will change and whether or not I can go home and for how long.

I'll post my experience.

You immediately need to inform USCIS.. within two weeks of your move.

you are not supposed to travel outside the country unless you have advanced parole and even then i would risk it! after you apply for aos it doesnt matter if your F1 is still valid or expired as long as when you apply is still valid

I'm a former f1 holder!