F-1 questions while on AOS

[KatjaBlueMoon 7]

Hi everyone!

I've been on an F-1 visa for 2.5 years and got married to my USC hubby 2 weeks ago. I am working as a student worker on campus.

I read that my F-1 visa is automatically invalid once I file for AOS. If that is correct, I wonder:

1. Can I continue to study and work on campus?

2. If so, do I have to still take 12 units/semester as required by F-1 visa?

3. If I can fall under 12 units, can I still work on campus or would I have to wait for work authorization?

My school says I need to still take 12 units minimum to be able to continue my studies and to work. I definitely want to keep my job on campus as it

looks like they keep me once I have my GC.

My F-1 visa would expire at the end of the year. So if for some reason AOS gets denied, my F-1 visa would also be expired at the time.

Maybe someone in a similar situation can help me.

[Cheezees 1,514]

Hi everyone!

I've been on an F-1 visa for 2.5 years and got married to my USC hubby 2 weeks ago. I am working as a student worker on campus.

I read that my F-1 visa is automatically invalid once I file for AOS. If that is correct, I wonder:

1. Can I continue to study and work on campus? Yes

2. If so, do I have to still take 12 units/semester as required by F-1 visa? No

3. If I can fall under 12 units, can I still work on campus or would I have to wait for work authorization? I'm not sure.

My school says I need to still take 12 units minimum to be able to continue my studies and to work. I definitely want to keep my job on campus as it

looks like they keep me once I have my GC. I had a friend who was in a similar situation as yours except that she did not work on campus after she filed her AOS. She still attended school but just part-time ( a lot of their money went to the filing fees instead) and she did not face any trouble as her status as an immediate relative of a US citizen on AOS seemed to override any F-1 visa requirements.

My F-1 visa would expire at the end of the year. So if for some reason AOS gets denied, my F-1 visa would also be expired at the time.

Maybe someone in a similar situation can help me.

[Sinshinegirls 1]

Hi KatjaBlueMoon,

Universities require fulltime enrollment for on campus jobs.That's part of their own regulations and has nothing to do with being an International Student or not.

As far as for being fulltime enrolled during AOS, I was about to post the same question. Hopefully other F-1 students can share their experiences.

[Cheezees 1,514]

Hi KatjaBlueMoon,

Universities require fulltime enrollment for on campus jobs.That's part of their own regulations and has nothing to do with being an International Student or not.

As far as for being fulltime enrolled during AOS, I was about to post the same question. Hopefully other F-1 students can share their experiences.

My university did not require full-time enrollment for on-campus jobs, just enrollment. But like you said, getting an on-campus job did not depend on being an international student or not.

I only have my friend as a reference because I did AOS when I was on OPT so I was no longer taking classes. She was able to enroll part-time for the first time in her life. It seems they only bother you after the end of the semester if you did not maintain full-time status. You have a 1- semester "grace period" of non-full-time enrollment. I was part-time for 1 semester in graduate school and used up my 1 chance of that. I also had to provide medical documentation as proof for needing a lighter load. So full-time enrollment is not an absolute. However, I am guessing by the time the AOS is approved, the school will no longer have a vested interest in the I-20 requirements.

[Sinshinegirls 1]

You are right, I should have added 'some' since every university has its own regulations. And maybe also depending on the state.

[KatjaBlueMoon 7]

Wow, you are all so quick and helpful!

I think Sinshinegirls explanation might apply to my college unfortunately. It seems I could drop under 12, but then can't work on campus. I want to take 9 units anyway, but was hoping to leave

it at that this semester. I'm not sure my International Student Office is fully familiar with the regulations.

Although my on campus job doesn't cover the tuition, I definitely want to keep it as I really want to keep it as pt income once I (hopefully!) have my GC. Maybe I just take

a pottery class for the remaining 3 units (joking, but a less intense class might help)

[newacct 688]

Having a pending Adjustment of Status application does not affect your F1 status. You will continue to be in F1 status as long as you continue to satisfy the conditions of F1 status (e.g. have an I-20, full time study, no work off-campus unless you have OPT/CPT, etc.). If you study less than full time as required by F1 status, you will fall out of status, but you will be able to continue to stay in the US and continue to study (if you want) as long as your AOS is pending. Since you won't be in F1 status, you won't be allowed to work, until you have gotten an EAD.

The F1 "visa" is irrelevant. A US visa is only for entering the US. You are not seeking to enter the US. A US visa's expiration has no bearing on your status in the US. You remain in F1 status indefinitely as long as you continue to satisfy the conditions of F1 status.

[KatjaBlueMoon 7]

Having a pending Adjustment of Status application does not affect your F1 status. You will continue to be in F1 status as long as you continue to satisfy the conditions of F1 status (e.g. have an I-20, full time study, no work off-campus unless you have OPT/CPT, etc.). If you study less than full time as required by F1 status, you will fall out of status, but you will be able to continue to stay in the US and continue to study (if you want) as long as your AOS is pending. Since you won't be in F1 status, you won't be allowed to work, until you have gotten an EAD.

The F1 "visa" is irrelevant. A US visa is only for entering the US. You are not seeking to enter the US. A US visa's expiration has no bearing on your status in the US. You remain in F1 status indefinitely as long as you continue to satisfy the conditions of F1 status.

Thank you for the thorough answer! I'll remain a ft student then, so I can continue to work. I doubt my EAD comes through before fall semester starts.

Thanks everyone!!!

[sensuelle1985 10]

Hello every one,

I am also an F-1 hold with a pending adjustment of status. I was told by the international student of my university that while AOS is still pending, F-1 status still in effect, but once one start using the EAD based on the pending status it automatically cancel the F-1 status.

[KatjaBlueMoon 7]

@sensuelle1985

I've decided to continue to study full time till the interview is over. One of my friends was questioned about her F-1 breach in the interview as she fell under 12 units.It didn't affect the decision in her case, but I just want to raise as few questions as possible. Also, I wouldn't be able to work until the EAD comes through and probably loose my job on campus, which I really don't want. I'll only take classes I enjoy though to make this semester when the green card is pending a little less stressful.

PS: My college's policy states that I could not take any classes at all if I fall under full time course load while AOS is pending. Different from school to school and maybe yours would still let you take classes.

[Cheezees 1,514]

@sensuelle1985

I've decided to continue to study full time till the interview is over. One of my friends was questioned about her F-1 breach in the interview as she fell under 12 units.It didn't affect the decision in her case, but I just want to raise as few questions as possible. Also, I wouldn't be able to work until the EAD comes through and probably loose my job on campus, which I really don't want. I'll only take classes I enjoy though to make this semester when the green card is pending a little less stressful.

PS: My college's policy states that I could not take any classes at all if I fall under full time course load while AOS is pending. Different from school to school and maybe yours would still let you take classes.

Are you attending a private university? I attended a public one in NYC (a haven for immigrants) and So I think that's why the rules were very lax. The international students office director even told me a story about a student taking a reduced undergraduate load with a dentist's note saying her toothache was so severe that she could not take 12 credits. They accepted that. I am not kidding

[KatjaBlueMoon 7]

Are you attending a private university? I attended a public one in NYC (a haven for immigrants) and So I think that's why the rules were very lax. The international students office director even told me a story about a student taking a reduced undergraduate load with a dentist's note saying her toothache was so severe that she could not take 12 credits. They accepted that. I am not kidding

That's hilarious! I doubt I'd get away with that at my ISO. It's a community college and for some reason very strict. Specifically told me that I could not take classes if I fall under 12 credits and also couldn't work then.

Oh well, just another full time semester. Luckily the fees are at least lower than at a 4-year college, but of course the 20h campus job still doesn't cover them.

[sensuelle1985 10]

@sensuelle1985

I've decided to continue to study full time till the interview is over. One of my friends was questioned about her F-1 breach in the interview as she fell under 12 units.It didn't affect the decision in her case, but I just want to raise as few questions as possible. Also, I wouldn't be able to work until the EAD comes through and probably loose my job on campus, which I really don't want. I'll only take classes I enjoy though to make this semester when the green card is pending a little less stressful.

PS: My college's policy states that I could not take any classes at all if I fall under full time course load while AOS is pending. Different from school to school and maybe yours would still let you take classes.

I understand. But I am very surprise as getting married and adjusting status while on F-1 is considered a breach, unless your friend was out of status before getting married as any out of status and overstay are forgiven regardless of the length of the overstay and out of status as long as the country has been entered legally.

Why do you think you will loose your job? As far as your course load, your advisor can actually give you permission to fall under 12 credits, I have done it 2 semesters in a row.

Your school policy is very weird because most community college and university you can register in state tuition while AOS is pending and register part time by bringing your I-797C so they can put information in the system.

What state are you in if I may ask?

[KatjaBlueMoon 7]

I understand. But I am very surprise as getting married and adjusting status while on F-1 is considered a breach, unless your friend was out of status before getting married as any out of status and overstay are forgiven regardless of the length of the overstay and out of status as long as the country has been entered legally.

Why do you think you will loose your job? As far as your course load, your advisor can actually give you permission to fall under 12 credits, I have done it 2 semesters in a row.

Your school policy is very weird because most community college and university you can register in state tuition while AOS is pending and register part time by bringing your I-797C so they can put information in the system.

What state are you in if I may ask?

I was told I'd loose my job on campus if I fall under 12 units as that means to them I am breaching my F-1 visa conditions.

My advisor from International Student Services advised I could only fall under 12 units a) financial hardship b) medical reason c) last semester. What reason did you provide?

He wrote: "If you terminate your F-1 status while the permanent residency is pending, then you won't be able to take classes anymore until approved." (and with that I can't work on campus)

It's Pasadena City College in California. I checked other universities and most wrote that a student needs to wait 365 days once AOS is filed (I-797C) until they are entitled for resident tuition. Might be a state thing?

[aaron2020 11,651]

I was told I'd loose my job on campus if I fall under 12 units as that means to them I am breaching my F-1 visa conditions. This is correct. Once you are below 12 units, you no longer qualify as an F1 student and therefore you lose any benefit that comes along with that F1 status which includes working on campus.

My advisor from International Student Services advised I could only fall under 12 units a) financial hardship b) medical reason c) last semester. What reason did you provide?

He wrote: "If you terminate your F-1 status while the permanent residency is pending, then you won't be able to take classes anymore until approved." (and with that I can't work on campus)

It's Pasadena City College in California. I checked other universities and most wrote that a student needs to wait 365 days once AOS is filed (I-797C) until they are entitled for resident tuition. Might be a state thing? Nope. You need to be a legal resident for a year before you can get in-state tuition in California. It's not applying for AOS, it's having a green card.