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

[Snirgeu 10]

11 minutes ago, pushbrk said:

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

So the question remains. Is there a way to study on AOS (not on F1 as the original visa from which the status was adjusted)? 

[Redro 4,611]

16 minutes ago, Snirgeu said:

So the question remains. Is there a way to study on AOS (not on F1 as the original visa from which the status was adjusted)? 

If you give us the name of your husband's future university and intended program of study, we might be able to answer that question.

If you do not want to provide the information, it would be best to personally contact the university and ask them what documentation your husband needs to provide if he wants to start studying next August 2022. 

Edited December 29, 2021 by Kor2USA

[Snirgeu 10]

2 minutes ago, Kor2USA said:

If you give us the name of your husband's future university and intended program of study, we might be able to answer that question.

If you do not want to provide the information, it would be best to personally contact the university and ask them what documentation your husband needs to provide if he wants to start studying next August 2022. 

I'll contact the university. I thought there may be some kind of document required. If AOS only is possible then that's a different story. 

 

Thank you for your answers

[Snirgeu 10]

Hi everyone,

 

Please allow me to ask my question again but a bit differently.

 

Is someone who filed AOS eligible to legally study? Is it on a case by case basis per university?

 

Trying to understand the legal framework here. 

 

If possible under AOS, regardless of any other document then that changes everything.

 

Thank you

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

31 minutes ago, Snirgeu said:

Is someone who filed AOS eligible to legally study? Is it on a case by case basis per university?

 

If your concern is whether an AOS applicant will get in trouble with US immigration or law enforcement for enrolling in university, then no, they will not get in trouble simply for studying at university.  But, as others have mentioned, universities have different requirements for admission, including documents related to immigration status or state residence.

 

[Snirgeu 10]

14 minutes ago, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum ***

 

 

If your concern is whether an AOS applicant will get in trouble with US immigration or law enforcement for enrolling in university, then no, they will not get in trouble simply for studying at university.  But, as others have mentioned, universities have different requirements for admission, including documents related to immigration status or state residence.

 

Understood. 

 

In-state or out-of-state tuition is not a factor here. The scholarship is merit-based and unrelated to gc/visa status. 

 

I'll contact the visa services at the specific university.

[El Escocés 217]

4 hours ago, Snirgeu said:

Hi everyone,

 

Please allow me to ask my question again but a bit differently.

 

Is someone who filed AOS eligible to legally study? Is it on a case by case basis per university?

 

Trying to understand the legal framework here. 

 

If possible under AOS, regardless of any other document then that changes everything.

 

Thank you

Some quotes online

 

https://www.avvo.com/legal-answers/can-i-study-in-the-us-with-a-pending-green-card-ap-5211882.html

https://www.avvo.com/legal-answers/can-an-alien-with-i-485-pending-attend-college-ful-3006292.html

 

good luck

 

 

[Sarah&Facundo 595]

Every school may be different, but my husband started studying 2 months after moving to the US on the K1 visa in 2018. He did not receive his EAD or SSN until months later and  his AOS was approved a year later. Everything was fine. But again, this could vary school to school. I'm just sharing this info because it can be done, like at my husband's college. Also noting, he never pursued an F-1.

Edited December 30, 2021 by Sarah&Facundo

[Coco8 1,042]

9 hours ago, Snirgeu said:

Hi everyone,

 

Please allow me to ask my question again but a bit differently.

 

Is someone who filed AOS eligible to legally study? Is it on a case by case basis per university?

 

Trying to understand the legal framework here. 

 

If possible under AOS, regardless of any other document then that changes everything.

 

Thank you

 

This is graduate school so he will probably have a scholarship (tuition remission) + Fellowship. That's how top universities work, so I'll assume it's that.

 

If it is that, I'm pretty certain he wouldn't be able to take the fellowship without an EAD card. You should check with the graduate program (and I'd check with payroll). The reason is that the university cannot PAY him without an EAD. 

 

EAD is taking at least 9 months, so you are in an extremely tight timeline here. 

 

I few universities have PhD students with DACA, but I haven't heard of PhD students with fellowships that don't have their documents. I know undocumented students can enroll in college (like someone here mentioned), but that's a totally different case. As a PhD student with a fellowship you are in a middle situation of student-employee of the university.

 

8 hours ago, Snirgeu said:

I'll contact the visa services at the specific university.

 

He should contact them, but I'm not sure if they will know. You probably need to contact HR and Payroll if he is receiving a fellowship. There is also the case of whether they can enroll him in health insurance without EAD. 

 

Maybe there is a way that he can start and defer the fellowship until he gets his EAD. 

 

I think he can just wait and apply for a student visa. I've had friends married to US citizen that did graduate school and top universities w/scholarship+fellowship, and got a student visa. He's going to work 7 months and then start graduate school, which is 24/7 work, with no vacation and several moves? It sounds exhausting LOL

 

 

 

 

 

 

Edited December 30, 2021 by Coco8

[Snirgeu 10]

5 hours ago, El Escocés said:

Some quotes online

 

https://www.avvo.com/legal-answers/can-i-study-in-the-us-with-a-pending-green-card-ap-5211882.html

https://www.avvo.com/legal-answers/can-an-alien-with-i-485-pending-attend-college-ful-3006292.html

 

good luck

 

 

Thank you. Saw those as well but wanted to get VJ community's thoughts on the matter.

[Snirgeu 10]

32 minutes ago, Coco8 said:

 

This is graduate school so he will probably have a scholarship (tuition remission) + Fellowship. That's how top universities work, so I'll assume it's that.

 

If it is that, I'm pretty certain he wouldn't be able to take the fellowship without an EAD card. You should check with the graduate program (and I'd check with payroll). The reason is that the university cannot PAY him without an EAD. 

 

EAD is taking at least 9 months, so you are in an extremely tight timeline here. 

 

I few universities have PhD students with DACA, but I haven't heard of PhD students with fellowships that don't have their documents. I know undocumented students can enroll in college (like someone here mentioned), but that's a totally different case. As a PhD student with a fellowship you are in a middle situation of student-employee of the university.

 

 

He should contact them, but I'm not sure if they will know. You probably need to contact HR and Payroll if he is receiving a fellowship. There is also the case of whether they can enroll him in health insurance without EAD. 

 

Maybe there is a way that he can start and defer the fellowship until he gets his EAD. 

 

I think he can just wait and apply for a student visa. I've had friends married to US citizen that did graduate school and top universities w/scholarship+fellowship, and got a student visa. He's going to work 7 months and then start graduate school, which is 24/7 work, with no vacation and several moves? It sounds exhausting LOL

 

 

 

 

 

 

Thank you for your detailed reply. 

 

It is not a fellowship. It is a master's degree with a merit based scholarship. He won't be on the payroll but most,if not all, of his tuition will be covered. He won't be getting paid by the university. 

 

As for getting a student visa, that would be the easiest process but with a pending I-130 would be pretty hard to show no intention to immigrate. The people you mention that you know who received the visas, did they have a pending I-130? 

 

When I say I'll contact the university, I mean we 😁. All good. 

[Coco8 1,042]

9 minutes ago, Snirgeu said:

It is a master's degree with a merit based scholarship. He won't be on the payroll but most,if not all, of his tuition will be covered. He won't be getting paid by the university. 

Oh ok! I think if it's just scholarship, it may be OK then. 

 

I don't remember if the people I know had a pending I-130. That definitely adds complication. 

[Snirgeu 10]

2 minutes ago, Coco8 said:

Oh ok! I think if it's just scholarship, it may be OK then. 

 

I don't remember if the people I know had a pending I-130. That definitely adds complication. 

I did see on the university's website non sponsored students like H4, Permanent Resident Applicant, NATO, J2 etc. 

 

So I'm assuming it'll be fine. Will (as in we 😄) contact the school. 

[Snirgeu 10]

So we called the visa services offices at the university. 

 

All spouse needs is the receipt notice for I-485.

 

Then was asked if he will be receiving funding and the person on the line mistook our affirmative answer to mean that it is a PhD with a stipend. For that EAD is needed. 

 

Most interesting bit was that we discussed F1 while pending I130 and the guy said that they are always nervous about that but in the 12 years he's been at the visa services office, there were many F1 visas issued to pending and even approved I130 beneficiaries and not one has been denied yet. 

 

Presumably this is because it is one of the top universities in the country where people go to advance their careers in a way that shows how big of an opportunity it is, and it is a serious institution and not a facade just for immigration intentions. 

 

So our options are finish the IR1 process of course, adjust status from L1, or try for an F1 and present our case. 

 

I will say that I know of someone who got an F1 after an approved I130 after having been accepted to graduate stiludjes in Columbia. He came back during winter break to do the interview and completed the process and did not adjust status. 

Edited December 30, 2021 by Snirgeu