When does my F-1 status drop?

[Brightstar 0]

Hi guys,

I have a question so hopefully somebody can help me out. I am on F-1 visa for OPT right now and planning to apply for AOS before my OPT is expired. So my question is when does my F-1 status drop?

Is it right after I send in the package? OR when i receive the green card??

My advisor was telling me that I should remain as a student even though I apply for my green card but my case is very unique since I might not get into the school I want to transfer after my OPT is expired.

Can somebody please clarify that??

thank you so much

-brightstar

[Singers 0]

Once you have submitted your paperwork your status automatically changes to "AOS pending" and you lose your F-1 status.

[Heliosphan 1]

Once you have submitted your paperwork your status automatically changes to "AOS pending" and you lose your F-1 status.

I've heard this too but then school advisors ALWAYS say maintain F1 status during the processing. Apparently there's a case where a guy was unsuccessful with his AOS and would have been able to go back to F1 if it wasn't expired.

You can really do what you want, you aren't an F1 student anymore and technically you aren't restrained to the school as before.

[Brightstar 0]

Once you have submitted your paperwork your status automatically changes to "AOS pending" and you lose your F-1 status.

I've heard this too but then school advisors ALWAYS say maintain F1 status during the processing. Apparently there's a case where a guy was unsuccessful with his AOS and would have been able to go back to F1 if it wasn't expired.

You can really do what you want, you aren't an F1 student anymore and technically you aren't restrained to the school as before.

Thanks guys for the reply.

Well, I still want to go back to school but in case, if I don't get into the school I want to, I can't really maintain my F-1 status. So if I don't maintain F-1 status, my school advisor told me that they can delete/report my file to the immigration and SEVIS that I decide not to maintian my F-1 anymore, would that affect my AOS application though? i just feel like she threaten me or something.

[Singers 0]

What she's trying to tell you is that if you fail to maintain your status and you are not successful with AOS, you will not have a legal status in US. You are therefore deportable.

[Heliosphan 1]

What she's trying to tell you is that if you fail to maintain your status and you are not successful with AOS, you will not have a legal status in US. You are therefore deportable.

^

Singers is right.

It's all a gray area that hasn't been figured out really. F1 is not an immigrant visa so it's believed that once you file for AOS you void it. But advisors believe that if the process isn't successful you can revert back to F1 status.

Once you file for AOS if you don't maintain your F1 status it's fine.

I was going back to school anyway so I played nice and went through the whole getting the I-20 thing even though my F1 needs to be renewed (but it's still valid since I've continuously been enrolled).

[FromJapan 0]

I went though this myself recently. They do seem to believe that students should maintain F-1 until they get green card. However when I spoked with an advisor who are more experienced, I discovered that once you filed AOS (which is immigrant status) you cannot go back to F-1 afre faild AOS attempt; you must leave the country(because getting F-1 requires that you go home, and you made clear of your intention to stay in the US, which makes you unable to flip back to the nonimmigrant status; immigration will tell you that "hey you filed for AOS, you aren't going to be here temporary, you want to stay forever. I will deny your F-1 visa requiest"). We are all here for DOS, DOS includes things like attending school full time, making progress though specific academic goal and going home once we are done.

My personal opinion in this whole situation is that advisor is scared and they are trying hard to cover their butt because they don't know what they are talking about. They so do not know what they are talking about that they think having student maintain F-1 status is going to help them as "fall back" status. Which isn't the case.

[Heliosphan 1]

I went though this myself recently. They do seem to believe that students should maintain F-1 until they get green card. However when I spoked with an advisor who are more experienced, I discovered that once you filed AOS (which is immigrant status) you cannot go back to F-1 afre faild AOS attempt; you must leave the country(because getting F-1 requires that you go home, and you made clear of your intention to stay in the US, which makes you unable to flip back to the nonimmigrant status; immigration will tell you that "hey you filed for AOS, you aren't going to be here temporary, you want to stay forever. I will deny your F-1 visa requiest"). We are all here for DOS, DOS includes things like attending school full time, making progress though specific academic goal and going home once we are done.

My personal opinion in this whole situation is that advisor is scared and they are trying hard to cover their butt because they don't know what they are talking about. They so do not know what they are talking about that they think having student maintain F-1 status is going to help them as "fall back" status. Which isn't the case.

There is actually a legal case that allowed a student to switch back to F1 status after a failed AOS attempt (there's an inherent clause that immigration intent can be changed upon entry... you just can't have immigration intent upon getting the visa). That's why there's such a thing as an I-130 that allows the adjustment in the US.

The problem is that it's a gray area that hasn't been sorted out even til this day.

[Brightstar 0]

I went though this myself recently. They do seem to believe that students should maintain F-1 until they get green card. However when I spoked with an advisor who are more experienced, I discovered that once you filed AOS (which is immigrant status) you cannot go back to F-1 afre faild AOS attempt; you must leave the country(because getting F-1 requires that you go home, and you made clear of your intention to stay in the US, which makes you unable to flip back to the nonimmigrant status; immigration will tell you that "hey you filed for AOS, you aren't going to be here temporary, you want to stay forever. I will deny your F-1 visa requiest"). We are all here for DOS, DOS includes things like attending school full time, making progress though specific academic goal and going home once we are done.

My personal opinion in this whole situation is that advisor is scared and they are trying hard to cover their butt because they don't know what they are talking about. They so do not know what they are talking about that they think having student maintain F-1 status is going to help them as "fall back" status. Which isn't the case.

So what do you recommend to do?

Is it all right then if I don't maintain F-1 status?

[Heliosphan 1]

I went though this myself recently. They do seem to believe that students should maintain F-1 until they get green card. However when I spoked with an advisor who are more experienced, I discovered that once you filed AOS (which is immigrant status) you cannot go back to F-1 afre faild AOS attempt; you must leave the country(because getting F-1 requires that you go home, and you made clear of your intention to stay in the US, which makes you unable to flip back to the nonimmigrant status; immigration will tell you that "hey you filed for AOS, you aren't going to be here temporary, you want to stay forever. I will deny your F-1 visa requiest"). We are all here for DOS, DOS includes things like attending school full time, making progress though specific academic goal and going home once we are done.

My personal opinion in this whole situation is that advisor is scared and they are trying hard to cover their butt because they don't know what they are talking about. They so do not know what they are talking about that they think having student maintain F-1 status is going to help them as "fall back" status. Which isn't the case.

So what do you recommend to do?

Is it all right then if I don't maintain F-1 status?

That's fine.