F-1 questions while on AOS

[sensuelle1985 10]

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?

I see.... I guess different states different laws...

I am in MD and here as soon as you get your I-797C you automatically qualify for residency for a year, after that they review it to see where your case stand then if its still pending they renew for another year until final result of your case.

Too bad you advisor won't allow you to take less then 12credits, because if they allow you can still work under F1....

[sensuelle1985 10]

Hello Everyone,

So I ask an immigration lawyer yesterday about what happened to F1 status when in AOS process and was told that once you apply for AOS, or any other immigration status, your current visa/immigration status is revoked. That means your previous F-1 visa is now invalid, your OPT EAD card is also invalid, because you are adjusting out of that status. Therefore, once you apply for AOS, you must stop working under your original EAD card from your OPT authorization and begin working on the AOS EAD card. Continue working on the OPT EAD card and associated alien number is not technically legal however I believe they do give a little bit of grace period until you get your AOS EAD card and permanent alien number.

[aaron2020 11,651]

Hello Everyone,

So I ask an immigration lawyer yesterday about what happened to F1 status when in AOS process and was told that once you apply for AOS, or any other immigration status, your current visa/immigration status is revoked. That means your previous F-1 visa is now invalid, your OPT EAD card is also invalid, because you are adjusting out of that status. Therefore, once you apply for AOS, you must stop working under your original EAD card from your OPT authorization and begin working on the AOS EAD card. Continue working on the OPT EAD card and associated alien number is not technically legal however I believe they do give a little bit of grace period until you get your AOS EAD card and permanent alien number.

The immigration lawyer is wrong.

Applying for AOS does not cause revocation of a person's non-immigrant status.

http://www.hooyou.com/f-1/140filing.html

Maintain, Terminate, and Lose F-1 Status

An F-1 student is admitted for duration of status. The student is considered to be maintaining his/her status if s/he is making normal progress toward completing a course of study. According to this provision, "making normal progress toward completing a course of studies" is the only thing required to maintain F-1 status as stipulated by immigration law. Based on this understanding, F-1 students who file the I-140 do not fail to maintain their F-1 status simply because of this filing.

Federal regulations provide the circumstances that non-immigrant status be terminated: "[w]ithin the period of initial admission or extension of stay, the non-immigrant status of an alien shall be terminated by the revocation of a waiver authorized on his or her behalf under section 21 (d) (3) or (4) of the Act, by the introduction of a private bill to confer permanent resident on such alien; or, pursuant to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons." Note that filing an LPR petition is not listed as a circumstance that can lead to the termination of non-immigrant status.

If a student is employed without authorization, is not pursuing a full course of study, transfers schools without permission, or fails to complete a full course of study in time and is ineligible for a program extension, s/he is out of status and subject to deportation. Under this provision, filing an I-140 or I-485 is not listed as a cause for being "out of status."

Some attorneys may argue the laws require the F-1 student to have non-immigrant intent to maintain his/her status. However, some legal experts observe that such "non-immigrant intent" is inconsistent from a historic viewpoint and illogical from the spirit of law. If F students are allowed to have the intent to switch to H-status, and H-status allows for the intent to switch to LPR status, then isn't the desire to switch from F status to H status a strong indication that an alien intends to stay in the US and is therefore not eligible for the F status? Put differently, if F aliens can freely change to H status and H aliens can freely change to LPR status, then logically speaking F aliens should be allowed to freely change to LPR status.

Moreover, if assuming that the USCIS interprets the non-immigrant intent broadly to cover the maintenance of F-1 status, an F-1 status holder who has filed an immigration petition may argue that his filing of I-140 is a "law-afforded" action to test whether he can lawfully remain in the US permanently and his legitimate desire (not intent) as demonstrated by the I-140 filing therefore should not negatively impact his F-1 status quo. Since the first desire (filing the I-140) is authorized by law, a reiteration of the desire (filing the I-485) should invite nothing more than a second authorization.

Therefore, it is reasonable to conclude that "non-immigrant intent" can be interpreted differently under different scenarios and is applied differently for applying for F-1 visa outside the US and for maintaining F-1 status while in the US.

Edited July 9, 2016 by aaron2020

[sensuelle1985 10]

The immigration lawyer is wrong.

Applying for AOS does not cause revocation of a person's non-immigrant status.

http://www.hooyou.com/f-1/140filing.html

Maintain, Terminate, and Lose F-1 Status

An F-1 student is admitted for duration of status. The student is considered to be maintaining his/her status if s/he is making normal progress toward completing a course of study. According to this provision, "making normal progress toward completing a course of studies" is the only thing required to maintain F-1 status as stipulated by immigration law. Based on this understanding, F-1 students who file the I-140 do not fail to maintain their F-1 status simply because of this filing.

Federal regulations provide the circumstances that non-immigrant status be terminated: "[w]ithin the period of initial admission or extension of stay, the non-immigrant status of an alien shall be terminated by the revocation of a waiver authorized on his or her behalf under section 21 (d) (3) or (4) of the Act, by the introduction of a private bill to confer permanent resident on such alien; or, pursuant to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons." Note that filing an LPR petition is not listed as a circumstance that can lead to the termination of non-immigrant status.

If a student is employed without authorization, is not pursuing a full course of study, transfers schools without permission, or fails to complete a full course of study in time and is ineligible for a program extension, s/he is out of status and subject to deportation. Under this provision, filing an I-140 or I-485 is not listed as a cause for being "out of status."

Some attorneys may argue the laws require the F-1 student to have non-immigrant intent to maintain his/her status. However, some legal experts observe that such "non-immigrant intent" is inconsistent from a historic viewpoint and illogical from the spirit of law. If F students are allowed to have the intent to switch to H-status, and H-status allows for the intent to switch to LPR status, then isn't the desire to switch from F status to H status a strong indication that an alien intends to stay in the US and is therefore not eligible for the F status? Put differently, if F aliens can freely change to H status and H aliens can freely change to LPR status, then logically speaking F aliens should be allowed to freely change to LPR status.

Moreover, if assuming that the USCIS interprets the non-immigrant intent broadly to cover the maintenance of F-1 status, an F-1 status holder who has filed an immigration petition may argue that his filing of I-140 is a "law-afforded" action to test whether he can lawfully remain in the US permanently and his legitimate desire (not intent) as demonstrated by the I-140 filing therefore should not negatively impact his F-1 status quo. Since the first desire (filing the I-140) is authorized by law, a reiteration of the desire (filing the I-485) should invite nothing more than a second authorization.

Therefore, it is reasonable to conclude that "non-immigrant intent" can be interpreted differently under different scenarios and is applied differently for applying for F-1 visa outside the US and for maintaining F-1 status while in the US.

You are referring to I-140!

F1 student apply for I-130/485 when married to a USC and when the AOS is filed you are in pending status. If your petition is denied for example you can't leave the country and you your F1 to re-enter because it will be considered fraud.

Edited July 9, 2016 by sensuelle1985

[aaron2020 11,651]

You are referring to I-140!

Same rule. An I-140 is for an employment based green card (ultimately). An I-130 is for a family based green card. Both would use the I-485 to adjust status for a green card.

Ask your lawyer where is the law that says applying for AOS from an F-1 is cause for revocation of the F-1. I can't prove to you that a law does not exist because it doesn't exist. Your lawyer needs to show that this law about revocation exist.

Edited July 9, 2016 by aaron2020

[sensuelle1985 10]

Once you start using EAD based on your adjustment of status, it terminates your current visa.

Same rule. An I-140 is for an employment based green card (ultimately). An I-130 is for a family based green card. Both would use the I-485 to adjust status for a green card.

Ask your lawyer where is the law that says applying for AOS from an F-1 is cause for revocation of the F-1. I can't prove to you that a law does not exist because it doesn't exist. Your lawyer needs to show that this law about revocation exist.

Once you start using EAD based on your adjustment of status, it terminates your current visa.

[aaron2020 11,651]

Once you start using EAD based on your adjustment of status, it terminates your current visa.

Correct. Using an AOS benefit terminates the F-1 status. Merely applying for AOS does not terminate the F-1 status.

If a person does not use an AOS benefit and maintains his F-1 status, then a denial of the AOS does not terminate the F-1 status.

[sensuelle1985 10]

Correct. Using an AOS benefit terminates the F-1 status. Merely applying for AOS does not terminate the F-1 status.

If a person does not use an AOS benefit and maintains his F-1 status, then a denial of the AOS does not terminate the F-1 status.

I agree... I'm the one who was not clear

[arken 4,197]

Hello Everyone,

So I ask an immigration lawyer yesterday about what happened to F1 status when in AOS process and was told that once you apply for AOS, or any other immigration status, your current visa/immigration status is revoked. That means your previous F-1 visa is now invalid, your OPT EAD card is also invalid, because you are adjusting out of that status. Therefore, once you apply for AOS, you must stop working under your original EAD card from your OPT authorization and begin working on the AOS EAD card. Continue working on the OPT EAD card and associated alien number is not technically legal however I believe they do give a little bit of grace period until you get your AOS EAD card and permanent alien number.

If an immigration lawyer told you so, I request you reveal their information here so that they cannot trap any victims. People should get away from those sort of lawyers who consider themselves as immigration lawyers but have no idea what they are talking about.

[pilotkausa 5]

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.

I'm in Grad School and a part-time student, only took 3 credit hours last semester and planning on doing the same this Fall semester as well.

By doing so, I have not violated my F-1 status by no means, so I was told by my counselor. I just received an updated I-20- after filling for an extension for another year.

[KatjaBlueMoon 7]

I found the attached info from the University of California and they say that a student may be able to count down the 366 days from the official filing date. Hopefully

that holds true when I try it. Would be nice to have lower tuition half a year earlier Not counting on it though. I'll still continue to study anyway.

Edited August 1, 2016 by KatjaBlueMoon