Can I be part time f1 student after filing for AOS?

[immigrant2046 0]

I am f1 student and recently got married with my husband (USC) and I’m thinking about dropping a class but it’d make me a part time student. I filed AOS and I-765 a week ago, haven’t received the notice. My questions are: 

 

1. Can I drop that class and become a part time student? 

2. I have a job offer with a start date of June 2019. I have filed my I-765 last week (mid oct 2018), do you think I will get my EAD before June 2019?  How long does it usually take to process the EAD? 

 

Thanks!!

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Newcron 6]

It is always highly recommended to keep your non-immigrant status (F1 in this case) valid in case something happened to your immigrant case. 

 

It seems like you're very close to graduation, based on that job offer date.  Are you still on track to graduation even with dropping the class? You are allowed to drop to part time if you have enough credit and just finishing up. Talk to your DSO.

 

Look up EAD processing time of people with similar case/location as you so you can prepare. I didn't get my EAD until the 6-month mark. Not only it is advisable for you to keep your F1 valid, depending on the timeline, you may want to apply for OPT next semester, too. Just in case.

[kh22 0]

Your EAD, even if it is very very late, should be in your hand by the end of April 2019. On average, EADs are taking around 150 days at this time. Even if I assume yours will take 200 days (I haven't seen anything higher than 181 days), that's the end of April. I got my EAD in September, and it took 164 days. So, I don't think you should worry about starting your job in June 2019. About applying for OPT/CPT, I don't think it will be needed. 

 

I would recommend you to maintain full-time student status. By law, if you drop classes after you have received your I-485 1st NOA (application receipt notice), you shouldn't have any problem (your status will be I-485 pending). However, I have read about cases in VJ similar websites where F-1 student dropped classes before the I-485 was approved, and the IO at I-485 interview denied his case because of that. It's just a case where the IO wasn't even aware of the fact that a I-485 applicant, upon expiry of his status, automatically transfers to I-485 pending status, which is also a legal status. It's frustrating, but happens, and you can't do much if your I-485 is denied. So, I would recommend you to maintain your F-1 status.

Edited November 3, 2018 by kh22

[geowrian 22,338]

4 hours ago, kh22 said:

I would recommend you to maintain full-time student status. By law, if you drop classes after you have received your I-485 1st NOA (application receipt notice), you shouldn't have any problem (your status will be I-485 pending). However, I have read about cases in VJ similar websites where F-1 student dropped classes before the I-485 was approved, and the IO at I-485 interview denied his case because of that.

Can you point to a thread with any such case? I've never seen one denied for that reason (since Ios are bound by the INA, and the INA permits doing that).

 

4 hours ago, kh22 said:

It's just a case where the IO wasn't even aware of the fact that a I-485 applicant, upon expiry of his status, automatically transfers to I-485 pending status, which is also a legal status. It's frustrating, but happens, and you can't do much if your I-485 is denied.

There is no legal status conferred by filing an I-485. There is an authorized stay (permitted by the Attorney General), but that is different than a legal status.

 

I agree that maintaining status is optimal (just in case AOS was denied for some reason).

That said, I would note that using an EAD (or AP) based on a pending I-485 would do the same as dropping classes. By using those AOS-based benefits, F-1 status would be forfeited.

[kh22 0]

47 minutes ago, geowrian said:

Can you point to a thread with any such case? I've never seen one denied for that reason (since Ios are bound by the INA, and the INA permits doing that).

 

There is no legal status conferred by filing an I-485. There is an authorized stay (permitted by the Attorney General), but that is different than a legal status.

 

I agree that maintaining status is optimal (just in case AOS was denied for some reason).

That said, I would note that using an EAD (or AP) based on a pending I-485 would do the same as dropping classes. By using those AOS-based benefits, F-1 status would be forfeited.

You are right, using EAD will have the same effect, it will make the F-1 status invalid. Nevertheless, I assume that because the EAD is issued by USCIS as a lawful permit to work without restrictions, they wouldn't make it a ground for denying an F-1 student adjustment of status in the I-485 interview. If they do, that would make the whole process of issuing EAD for I-485 applicants contradictory. However, if an F-1 drops below full time right after filing I-485, an IO can question the intent of the F1 student, and can deny green card at his/her discretion. I won't say it sounds real, but truth is stranger than fiction, at least nowadays regarding USCIS.

 

The case that I was talking about is the following:

https://www.trackitt.com/uk-discussion-forums/i485-eb/1371533547/my-f1-status-expired-but-i-485-is-in-aos-pending-io-denies

 

[geowrian 22,338]

7 minutes ago, kh22 said:

The case that I was talking about is the following:

https://www.trackitt.com/uk-discussion-forums/i485-eb/1371533547/my-f1-status-expired-but-i-485-is-in-aos-pending-io-denies

A couple material differences:

1) Petitioner was an LPR. Immediate Relatives (IRs) of a USC have certain advantages, including regarding immigrant intent.

2) For an IR of a USC, one does not need to maintain lawful status to AOS, but others must maintain lawful status until the day AOS is filed.

3) The IO was incorrect given that AOS was filed before losing status so they met the requirement. (Although the OP there noted that they were in status when the I-130 was filed, that's irrelevant...the I-485 is what matters, which can't be filed concurrently for an LPR like it could be for a USC petitioner).

 

There was also no update on the case to see how it actually turned out. As noted, the IO was incorrect so the expected denial was probably sorted out, but there's no way to know.

Either way, points 1 & 2 above make this a non-issue for the OP's case.

[kh22 0]

18 minutes ago, kh22 said:

The case that I was talking about is the following:

https://www.trackitt.com/uk-discussion-forums/i485-eb/1371533547/my-f1-status-expired-but-i-485-is-in-aos-pending-io-denies

 

Yes, the case looks interesting to me. She filed her I-485 before the I-130 was approved, which she can't do being the spouse of an LPR. This can be a ground of denial. However, the IO mentioned that I-485 was denied because she went out of status. That doesn't make sense, because her F1 expired 2.5 months after she filed her I-485.

[geowrian 22,338]

27 minutes ago, kh22 said:

Yes, the case looks interesting to me. She filed her I-485 before the I-130 was approved, which she can't do being the spouse of an LPR. This can be a ground of denial. However, the IO mentioned that I-485 was denied because she went out of status. That doesn't make sense, because her F1 expired 2.5 months after she filed her I-485.

An LPR can file an I-485 before I-130 approval. The I-485 can be filed once the I-130's PD is current, regardless of if it has been adjudicated or not. I checked the visa bulletin for Sept. 2013 (when she filed the I-485) and F2A was current at that time so she met that condition.

Agreed on the IO being wrong there.

Edited November 4, 2018 by geowrian

[kh22 0]

On 11/4/2018 at 12:30 AM, geowrian said:

An LPR can file an I-485 before I-130 approval. The I-485 can be filed once the I-130's PD is current, regardless of if it has been adjudicated or not. I checked the visa bulletin for Sept. 2013 (when she filed the I-485) and F2A was current at that time so she met that condition.

Agreed on the IO being wrong there.

Oh, Ok. I didn't know that. Thanks for the info.