What is my status after I sent out I-130 and I-485 and gonna graduate next month?

[teriphan 0]

Please help me on my special situation which makes me very confused and nervous.

- I'm a F-1 student, and I'm going to graduate this 16 December 2011

- I got married to my husband (US citizen) in November 2011

- I've just sent out my package of I-130, I-485 and I-765 on 15 November 2011 (my husband and I prepared them by ourselves)

My concern is that my F1 status is automatically canceled when I apply for I-485. Normally, I understand that I can keep staying in the States if I still at school for studying, but

- what will happen if I graduate just one month after my filing?

- Will I be out of status? and have to come back to my country to wait for the result? or

- I can keep staying in the State waiting for the EAD, and the interview schedule? In this case, can I stay as long as the pending/waiting time?

My last question is that beside the above forms that I did submit, do I have to do anything else?

I really need your advice. Currently, I can not concentrate on my final studying because I can't believe in the scenario that I will have to leave my sweetheart just next couple months.

Much appreciate for you help.

[Nina~ 431]

I filed my AOS in Feb 09 and graduated in May 09. My interview was in July 09 and was approved without a problem. Your F1 is automatically cancelled once your AOS is filed. Do not leave the country before your status is adjusted because that would mean that you have abandoned your petition. Just sit tight and wait. You will have nothing to worry about as long as you didnt do anything illegal like work without authorization, or commit a crime, etc.

Btw, you are posting in the wrong forum.

[Kathryn41 3,205]

Topic has been moved from the K-3 forum to the Adjustment of Status from Work, Student & Tourist Visa forum as the OP is not adjusting from a K-visa but from a student visa

[ceadsearc 516]

Once your NOA1 is received you enter a new period of authorized stay. If you maintained your F-1 until that point then you will not accure any unlawful presence. You MUST stay in the country until you either receive AP or your green card.

[Little_My 464]

I also submitted my AOS while on F1, in March 2011, and graduated with a pending AOS in May 2011. Submitting AOS doesn't affect your ability to continue your studies while the AOS is pending. You also don't have to worry about graduating in terms of staying in the US - as the previous posters noted, once your AOS package has been received by USCIS, you enter into a new period of authorized stay which will continue until you have a decision on your GC application.

Did you submit the I-131 for Advance Parole? If not, then you CANNOT leave the US until you have the actual greencard, assuming your application will be approved. If you leave the US without the AP while your AOS is pending, your application will be considered abandoned, and you won't be able to return to the US. I assume that even though you did not separately mention them, you did file the medical form, affidavit of support and other supporting documentation along with the I-130 and I-485.

[teriphan 0]

Thank you very much for your all replies. They save my life.

I didn't file I-131, so I better off do not leave the country (actually we have plan to come back to my hometown together just only when everything will have been already settled down).

One more thing please, I expect the EAD will reach me in the mid of February (may be more due to holiday season), but I'm now having CPT work, so

- Should I continue to work for that company after graduation date? Because there's a gap between the graduation day (Dec 16) and the date I received EAD (Feb), or

- I should leave the job to make sure not commit to any crime at all(I understand this is more important, but finding a job is not easy today, so I need your opinion to help me to have a wise decision)

I do really appreciate all of you.

[teriphan 0]

I filed my AOS in Feb 09 and graduated in May 09. My interview was in July 09 and was approved without a problem. Your F1 is automatically cancelled once your AOS is filed. Do not leave the country before your status is adjusted because that would mean that you have abandoned your petition. Just sit tight and wait. You will have nothing to worry about as long as you didnt do anything illegal like work without authorization, or commit a crime, etc.

Btw, you are posting in the wrong forum.

Thank you very much for your all replies. They save my life.

I didn't file I-131, so I better off do not leave the country (actually we have plan to come back to my hometown together just only when everything will have been already settled down).

One more thing please, I expect the EAD will reach me in the mid of February (may be more due to holiday season), but I'm now having CPT work, so

- Should I continue to work for that company after graduation date? Because there's a gap between the graduation day (Dec 16) and the date I received EAD (Feb), or

- I should leave the job to make sure not commit to any crime at all(I understand this is more important, but finding a job is not easy today, so I need your opinion to help me to have a wise decision)

I do really appreciate all of you.

[Soapz 14]

Let me get this right. You are working CPT off-campus? Graduation in December? Company wants to keep you after the end of your CPT?

If so, I most likely would talk to the company and explain the situation. You could do an official internship until your EAD arrives or maybe they have another idea. Or maybe they can extend the CPT until February. Talk to them or talk to the college.

[teriphan 0]

Let me get this right. You are working CPT off-campus? Graduation in December? Company wants to keep you after the end of your CPT?

If so, I most likely would talk to the company and explain the situation. You could do an official internship until your EAD arrives or maybe they have another idea. Or maybe they can extend the CPT until February. Talk to them or talk to the college.

Yep, I'm working off campus, and they also expect me to keep working for them next year. Thanks for your advice, I'd think to talk with them. I don't think CPT can be extended. What makes me confused and hard to talk with my boss is the specific date that USCIS gives me the EAD (no one know).

Thanks much & Happy Thanksgiving!