Status During AOS pending

[Mohsin 0]

I came to the USA as an F1 student a status which I still maintain. After applying for AOS and it being pending do I still need to maintain my F1 status or can I just start working when I get my EAD??? Really would appreciate your help on this one....

[timelena 0]

As far as I understand, once you file for Adjustment of Status, you are not on F-1 visa anymore. And you do not need to study full-time. However, you cannot work until you get your Employment Authorization documents.

[HolyMoly 0]

It's probably safer to maintain your f1 status until you get approved. Not legally required though, after you get your NOA1.

[tomica52 0]

It's probably safer to maintain your f1 status until you get approved. Not legally required though, after you get your NOA1.

I disagree with that. Once you file for AOS you are no longer F-1, and if you try to enter the country or get another F-1 vise while out of the country your AOS will be considered abandoned. So all you need to do is wait for your EAD and you can start work.

Alex

[nyc 0]

It's probably safer to maintain your f1 status until you get approved. Not legally required though, after you get your NOA1.

I disagree with that. Once you file for AOS you are no longer F-1, and if you try to enter the country or get another F-1 vise while out of the country your AOS will be considered abandoned. So all you need to do is wait for your EAD and you can start work.

Alex

I agree with that. Was in the same situation and was debating to apply for the OPT or not after filing for the AOS. I didn't. Doesn't make sense. You cann't have 2 status. It's complicated enough with 1.

Good luck,

Anna

[silly_chick 0]

It's probably safer to maintain your f1 status until you get approved. Not legally required though, after you get your NOA1.

I disagree with that. Once you file for AOS you are no longer F-1, and if you try to enter the country or get another F-1 vise while out of the country your AOS will be considered abandoned. So all you need to do is wait for your EAD and you can start work.

Alex

I agree with that. Was in the same situation and was debating to apply for the OPT or not after filing for the AOS. I didn't. Doesn't make sense. You cann't have 2 status. It's complicated enough with 1.

Good luck,

Anna

Yes, that's true. Once you get a NOA for your I-485 you should be terminated in the SEVIS system and your status changes to "AOS pending".

[HolyMoly 0]

Thanks for the replies - Do you know how is it legally possible to continue studies during the adjustment period if the you have been removed from sevis? I know you can, but from a technical law standpoint, how does this work?

If an AOS app is denied, is it possible to resume studying as an F1? An international advisor seems to think so, but haven't read or heard about this anywhere else. I.e. USCIS.gov.

[silly_chick 0]

Thanks for the replies - Do you know how is it legally possible to continue studies during the adjustment period if the you have been removed from sevis? I know you can, but from a technical law standpoint, how does this work?

If an AOS app is denied, is it possible to resume studying as an F1? An international advisor seems to think so, but haven't read or heard about this anywhere else. I.e. USCIS.gov.

You can study while your AOS is pending, it's fine. If it is denied, then it is harder. You will be terminated in SEVIS and unable to resume your studies as an F-1 and you will have established immigrant intent by applying for AOS. However, if you haven't done anything illegal, your AOS most likely will be approved, so good luck!