Studying while pending I-130, L1B, AOS, EAD

[Snirgeu 10]

Hello all, 

 

I filed an I-130 online for my spouse in September 2021. We both live abroad with our daughter (who is American thanks to the CRBA we have doe for her). Therefore I did not file i-485 of course. 

 

My spouse has gotten an offer to relocate on an L1B from his employer. Additionally, spouse has already been accepted for graduate studies at one of the top universities in the US and will probably get a very sizeable merit based scholarship (decision on that will come early January, but indications are positive). Studies will begin August 2022.

 

I wanted to know if we do end up going back to the US on the L1B:

 

1. Can the adjustment of status be filed on arrival or will spouse need to wait? Pretty sure there is no 90 day rule and all with an L1 as it is dual intent. 

 

2. Can spouse study on an EAD and AOS while waiting for his IR1? Presumably there shouldn't be an issue. There will be no violation of the L1B if he resigns from his employer and starts studying come August as he will already be under AOS and have EAD unrelated to the L1B and original employer. 

 

 

Appreciate any help. Thank you! 

[aaron2020 11,651]

1.  He can file to adjust status as soon as he clears CBP when enters on his L1.

 

2.  It's gonna take 6-8 months or longer to get and EAD/AP.  Whether or not he can take classes will depend on his school.  A person who is out of L1 status because they quit their job and awaiting an EAD may not be able to attend school.  Be careful here.  

[Snirgeu 10]

7 minutes ago, aaron2020 said:

1.  He can file to adjust status as soon as he clears CBP when enters on his L1.

 

2.  It's gonna take 6-8 months or longer to get and EAD/AP.  Whether or not he can take classes will depend on his school.  A person who is out of L1 status because they quit their job and awaiting an EAD may not be able to attend school.  Be careful here.  

He will only quit his job AFTER receiving the EAD. 

 

Why would it depend on the school after receiving the EAD? 

[Snirgeu 10]

18 minutes ago, aaron2020 said:

1.  He can file to adjust status as soon as he clears CBP when enters on his L1.

 

2.  It's gonna take 6-8 months or longer to get and EAD/AP.  Whether or not he can take classes will depend on his school.  A person who is out of L1 status because they quit their job and awaiting an EAD may not be able to attend school.  Be careful here.  

Also, if the EAD doesn't arrive in time for the studies (August 2022), then he will defer that academic year and will reapply for the following year. But we wanted to know if EAD also enables studying or is it just an employment document?

[Redro 4,611]

42 minutes ago, Snirgeu said:

He will only quit his job AFTER receiving the EAD. 

 

Why would it depend on the school after receiving the EAD? 

Different schools have different policies. 

E-mail the school and ask what type of status they accept. 

 

Edited December 29, 2021 by Kor2USA

[Snirgeu 10]

18 minutes ago, Kor2USA said:

Different schools have different policies. 

E-mail the school and ask what type of status they accept. 

 

But that is the question. Does EAD give the right to study or only work? Is it an employment document only or will it give the right to study as well, same way GC allows for work and study? 

[aaron2020 11,651]

An Employment Authorization Document (EAD) gives a person the right to work.  It does not give the right to study.  Studying is not employment.

 

It depends on the school because giving up L1 status and not having a green card means the person is out of status because the person gave up L1 status and is authorized to stay in the US because of the pending AOS.  A status that could leave your husband in limbo when it comes to his ability to attend school and keep his scholarship.  This is why it is best to check with the school to see if having his EAD is good enough for him to attend and keep his scholarship.

[Snirgeu 10]

16 minutes ago, aaron2020 said:

An Employment Authorization Document (EAD) gives a person the right to work.  It does not give the right to study.  Studying is not employment.

 

It depends on the school because giving up L1 status and not having a green card means the person is out of status because the person gave up L1 status and is authorized to stay in the US because of the pending AOS.  A status that could leave your husband in limbo when it comes to his ability to attend school and keep his scholarship.  This is why it is best to check with the school to see if having his EAD is good enough for him to attend and keep his scholarship.

Thank you. That was the answer I was looking for.

 

Is there a document that does allow for studying during a pending AOS, bearing in mind that EAD is not enough? 

[Redro 4,611]

14 minutes ago, Snirgeu said:

Thank you. That was the answer I was looking for.

 

Is there a document that does allow for studying during a pending AOS, bearing in mind that EAD is not enough? 

His EAD might be enough. We don't know.

You should contact the school as they will be able to answer your questions.

If there is another document they accept they'll tell you. 

 

[JeanneAdil 6,505]

Contact the university as many international students  who have been accepted here are waiting now almost 2 years to actually start their studies because of covid  related issues

ask the university what the wait times are 

this is noted on internet  for Harvard,  Ohio State Cornell and many others

Visa Delays

• for students
• for faculty/staff

We know that any delay in processing your visa is extremely frustrating. Unfortunately, recent immigration policy changes mean that some Cornell international students, faculty, and visiting scholars are waiting longer than in the past. New York State university presidents, including Cornell's Martha Pollack, voice concerns.

  

 

[Snirgeu 10]

Just now, JeanneAdil said:

Contact the university as many international students  who have been accepted here are waiting now almost 2 years to actually start their studies because of covid  related issues

ask the university what the wait times are 

this is noted on internet  for Harvard,  Ohio State Cornell and many others

Visa Delays

• for students
• for faculty/staff

We know that any delay in processing your visa is extremely frustrating. Unfortunately, recent immigration policy changes mean that some Cornell international students, faculty, and visiting scholars are waiting longer than in the past. New York State university presidents, including Cornell's Martha Pollack, voice concerns.

  

 

The country from which we will come back to the US processes student visas in 21 days. Even now.

 

But that's a whole other issue with F1 with a pending I-130. 

[Redro 4,611]

Someone had a similar question to you a year ago. 

 

[Snirgeu 10]

38 minutes ago, Kor2USA said:

Someone had a similar question to you a year ago. 

 

Looks from there like it is possible... 

[Redro 4,611]

4 minutes ago, Snirgeu said:

Looks from there like it is possible... 

Yes. But contact the university to confirm. 

As an aside: When your husband applied for his masters did he apply as a resident or an international student?

 

 

[pushbrk 12,883]

6 hours ago, Snirgeu said:

Also, if the EAD doesn't arrive in time for the studies (August 2022), then he will defer that academic year and will reapply for the following year. But we wanted to know if EAD also enables studying or is it just an employment document?

EAD stands for Employment Authorization Document.  Has nothing to do with studying.