Help! F1 student applied for AOS

[Chejemmie 7]

Hello, I recently applied for AOS based on I130 approval from my LPR husband. I am F1 and my I20 expires in December. I currently have a great job on campus and is only eligible to work because of my current status. My question is: when I receive receipts from USCIS(being optimistic)EAD and AOS will the termination of my I20 stop me from working? Should I wait until my I20 is close to expiring to submit copies of the receipt notice to the college? Would I have to stop working until I receive the EAD card? I'm confused. Thx

[Boiler 45,486]

Can you get OPT?

[Chejemmie 7]

Can you get OPT?

No, unfortunately I have 2 classes to go before graduation. Advisors recommended an extension which I don't have the money for.

[newacct 688]

Hello, I recently applied for AOS based on I130 approval from my LPR husband. I am F1 and my I20 expires in December. I currently have a great job on campus and is only eligible to work because of my current status. My question is: when I receive receipts from USCIS(being optimistic)EAD and AOS will the termination of my I20 stop me from working? Should I wait until my I20 is close to expiring to submit copies of the receipt notice to the college? Would I have to stop working until I receive the EAD card? I'm confused. Thx

Applying for things does not affect your existing status, unless you violate the terms of your current status.

[Boiler 45,486]

How will you be maintaining status?

[NancyNguyen 1,657]

If you fail to maintain your status until you are approved, you can't have your interview here in the US.

[Chejemmie 7]

Okay, thank you everyone. It seems like I have to apply for the extension after all. I presumed that I could be in a pending permanent resident approval state where I would not be required to maintain my F1. Are you saying that if I don't maintain F1 that I will not be able to adjust status when my priority date becomes current? I already applied for the I485 and EAD because I have an approved I130. I learn from reading other posts that with an EAD and receipt as proof of applying for AOS I have the option to remain in F1 or not.

[Boiler 45,486]

Your visa number is current, sounded unlikely?

[Chejemmie 7]

Your visa number is current, sounded unlikely?

What do you mean? Are you asking if my number is current? I applied to adjust status based on the 'dates to filing' table. My question is: should I maintain F1 or is it okay to be in a pending state for AOS?

[newacct 688]

Okay, thank you everyone. It seems like I have to apply for the extension after all. I presumed that I could be in a pending permanent resident approval state where I would not be required to maintain my F1. Are you saying that if I don't maintain F1 that I will not be able to adjust status when my priority date becomes current? I already applied for the I485 and EAD because I have an approved I130. I learn from reading other posts that with an EAD and receipt as proof of applying for AOS I have the option to remain in F1 or not.

As long as your I-485 is pending, you are authorized to stay in the US, regardless of whether you have status or not.

EAD is work authorization, which is a separate issue. If your current work authorization ends, and you haven't gotten an EAD yet, you won't be able to work during that time.

[Chejemmie 7]

As long as your I-485 is pending, you are authorized to stay in the US, regardless of whether you have status or not.

EAD is work authorization, which is a separate issue. If your current work authorization ends, and you haven't gotten an EAD yet, you won't be able to work during that time.

Thanks newacct, that's what I thought. Still awaiting the receipt notices. Praying that all turns out well.

[DeKi 10]

Thanks newacct, that's what I thought. Still awaiting the receipt notices. Praying that all turns out well.

If you haven't yet, I'd advise talking to your institution's international student office. They will help you navigate the situation considering all the specifics. (Typically, an officer there can also help you extend the I-20 if you will continue being a student at the same place.)

From what you have presented here, it's not exactly clear what the actual problem you are worried about is. As other posters commented -- once you have an EAD, this is your authorization to work. If you remain a student (forget the F-1 for a moment; I mean just if you continue to be an enrolled student in good standing at the university/college), you should still be eligible for the on-campus job you have too. However, if it is a requirement for the position that you are a student (which is often the case with on-campus jobs which are meant to help students pay for their education or support themselves while in school), and you plan to graduate in December (which is why you are not getting the I-20 extended), then you won't be allowed to keep the job. But this will have nothing to do with the AOS process. But if that is your situation and you are graduating this semester, once you get the EAD, you are allowed to search for any kind of job anywhere and don't need to limit yourself to on-campus jobs. If for whatever reason you prefer to stay employed by this school, then another alternative would be to look at the school's current openings and apply for other (possibly similar) positions that are not limited to students -- you will have the EAD for that purpose.

[Chejemmie 7]

Okay, thank you. I have spoken to an international adviser at my university but they seemed to be clueless about what is going on. My job is not based on being a student but is based on I being in status as an F1. F1 students are allowed to work on campus. My concern is the period of time between receiving my EAD and my I-20 expiring. But you are correct, I shouldn't worry about that. I will just have to take sometime off if I do not receive the EAD before my I-20 expires. I'm not quite finished, I need an additional semester to take a Math course which is why I need the extension. I am an IT Technician and the school would like me to work full-time once I have my EAD. As a matter of fact, I combined my annual income with my husband's (petitioner) on the Affidavit of support because I got an employment letter stating that they intent to keep me.Your explanation is clear and to the point; thank you. I'll just wait for my receipts.

Edited November 3, 2015 by Chejemmie

[Chejemmie 7]

I received my receipt notices today via text and email. Says case was accepted and routed to NBC. Filed for AOS and EAD. Let's see what happens now, hopefully no RFE. I've also sent an email to NVC stating that I will adjust status as I received a welcome letter from them.

[yogagurl 0]

Hello, I recently applied for AOS based on I130 approval from my LPR husband. I am F1 and my I20 expires in December. I currently have a great job on campus and is only eligible to work because of my current status. My question is: when I receive receipts from USCIS(being optimistic)EAD and AOS will the termination of my I20 stop me from working? Should I wait until my I20 is close to expiring to submit copies of the receipt notice to the college? Would I have to stop working until I receive the EAD card? I'm confused. Thx

So my suggestion if you are feeling worried is:

1. Once you get your Biometrics appointment, go to the office as a walk in. Most people have success with this.

2. After that, you can contact your local Senator's office, they have people that help with these things. I did this and the expedited my EAD etc. It really sped it up. You just let them know that you may lose your job and experience financial hardship, they were very helpful.

Good luck!