What happens to F-1 status after you apply for adjustment of status?

[h2o15 12]

Hi, I'm currently an international student (F-1) and my boyfriend and I are hoping to get married and start the adjustment of status soon. I know that since I legally entered the country on my visa, I can adjust status and apply for permanent residency. However, I still have a year left of school, and I was wondering what happens to my F-1 visa when I send in my application (I-130, I-485, etc.). I would like to continue being a student and receive my diploma at the end of the school year next year, and I don't want adjustment of status to interfere with my studies.

With that my questions are:

1. What happens to F-1 when you apply for AOS?

2. Do I have to let my school's international office know that I applied for AOS?

3. Can I continue attending school and obtain my diploma?

4. If I had an on-campus job during the school year (which is legal and allowed for F-1 students), can I continue with that job even after I file for AOS?

Thank you.

[aaron2020 11,651]

Hi,

1. Nothing happens. You go to school and maintain your F-1 status.

2. No. There is no legal obligation to inform the school.

3. Yes as long as you maintain your F-1 status.

4. Yes.

Best of luck

[Gilda 2]

Just inform your school after you get your green card, because there are usually some different policies for domestic and international students.

[h2o15 12]

Thanks everyone.

Additional question is--what happens if somehow I am not successful on my AOS (so not get the green card)?

Can I continue on my F-1 visa and apply for OPT? If I have an employer who is willing to sponsor me for H-1B work visa, can I do that as well?

[aaron2020 11,651]

Thanks everyone.

Additional question is--what happens if somehow I am not successful on my AOS (so not get the green card)?

Can I continue on my F-1 visa and apply for OPT? If I have an employer who is willing to sponsor me for H-1B work visa, can I do that as well?

Most likely yes to all your questions. It will depend on why your AOS was denied. There's a difference between not meeting a requirement (not meeting the I-864) vs. lying. The former will not matter. The latter would matter.

[h2o15 12]

So if I got denied AOS because of some form problem, not lying, would they not think that me filing the I-130 and I-485 were showing intentions of immigration? I was worried that because of "showing immigration intent" through AOS, I could not ask for OPT.

I thought H1-b might be a different story because it allows for dual immigrant intent.

Thank you!

[Hypnos 6,576]

Provided you do not exercise any benefits associated with filing your I-485 (e.g. filing for an EAD or AP and using them) then you are considered to remain in F-1 status until your I-485 is adjudicated. If you were to use your interim benefits in some way (use your C-9 EAD to work off-campus; use your AP to re-enter the US after departing temporarily, etc.) then your F-1 would be considered terminated and you would instead now be a pending adjustee.

[sl0w 1]

Provided you do not exercise any benefits associated with filing your I-485 (e.g. filing for an EAD or AP and using them) then you are considered to remain in F-1 status until your I-485 is adjudicated. If you were to use your interim benefits in some way (use your C-9 EAD to work off-campus; use your AP to re-enter the US after departing temporarily, etc.) then your F-1 would be considered terminated and you would instead now be a pending adjustee.

If I understand it correctly, not having an F-1 status shouldn't interfere with her studies, she may have to register again at school but not having an F-1 status doesn't mean she can't take any classes. I believe the school will update your SEVIS and status but you can still take classes while you're in the middle of an AOS.

Not having the F-1 status will definitely affect her in case her AOS gets denied, in that case she'll have to leave the country and apply for a new F-1 with a new I-20.

Obviously I'm not 100% sure on this, it's just what I have been reading since I'm pretty much in the same path at the moment...

Just to put another question on the thread, if you're in the middle of AOS I believe you can stop taking classes full time, obviously loosing your F-1 status but I think in theory you could, anyone knows about this?

Thanks!

[Hypnos 6,576]

Indeed, she can likely continue at her school even if her F-1 status is terminated.

If the AoS is denied and you maintained F-1 status then you can simply continue in F-1 status. If the AoS is denied and your F-1 status was terminated then you would need to depart the US, usually within 30 days of the denial.