To extend my i20 or not to ?

[hk415 2]

Hello, Me and my husband have filed for my AOS in second week of July and my i20 expires this summer. I am a PhD student and still have about two semesters left to finish it. My lawyer suggested not to extend i20 as signing it might conflict my intentions but my school is suggesting me to extend it so i have a status to fall back to if my AOS gets denied.

 

Does anybody have any suggestions? Can i register as a student after my i20 expires as AOS applicant ?

[TM92 527]

1 hour ago, hk415 said:

Can i register as a student after my i20 expires as AOS applicant ?

I doubt it. AOS applicants don't have legal status but do have "authorized stay" allowed by the US Attorney General.

[aznhouston 132]

According to the pdf I found on uscis website:

 

https://www.ice.gov/doclib/sevis/pdf/Termination Reasons.pdf

 

They have to reset your F1 status to Initial (same as new incoming students) and keep it there until your case is adjudicated, but that document was dated back in 2006. Not sure how things have changed over the year.

However, as you are adjusting status based on marriage to a USC, you are automatically granted immigrant visa once it's filed (other family based cases need to wait for a visa to become available). That also means you're not a non-immigrant anymore, you are in the so-called authorized stay.

 

Here's the thing, you have only one year to graduation, renewing it won't guaranteed anything should your case get denied because it may take more than a year to have your interview scheduled. You can't keep working on your  PhD even though your case is denied, you're "out of status" anyways.

 

So in short, you don't have to renew it.