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What happens to F-1 status after you apply for adjustment of status?

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Hi, I'm currently an international student (F-1) and my boyfriend and I are hoping to get married and start the adjustment of status soon. I know that since I legally entered the country on my visa, I can adjust status and apply for permanent residency. However, I still have a year left of school, and I was wondering what happens to my F-1 visa when I send in my application (I-130, I-485, etc.). I would like to continue being a student and receive my diploma at the end of the school year next year, and I don't want adjustment of status to interfere with my studies.

With that my questions are:

1. What happens to F-1 when you apply for AOS?

2. Do I have to let my school's international office know that I applied for AOS?

3. Can I continue attending school and obtain my diploma?

4. If I had an on-campus job during the school year (which is legal and allowed for F-1 students), can I continue with that job even after I file for AOS?

Thank you.

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Thanks everyone.

Additional question is--what happens if somehow I am not successful on my AOS (so not get the green card)?

Can I continue on my F-1 visa and apply for OPT? If I have an employer who is willing to sponsor me for H-1B work visa, can I do that as well?

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Thanks everyone.

Additional question is--what happens if somehow I am not successful on my AOS (so not get the green card)?

Can I continue on my F-1 visa and apply for OPT? If I have an employer who is willing to sponsor me for H-1B work visa, can I do that as well?

Most likely yes to all your questions. It will depend on why your AOS was denied. There's a difference between not meeting a requirement (not meeting the I-864) vs. lying. The former will not matter. The latter would matter.

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So if I got denied AOS because of some form problem, not lying, would they not think that me filing the I-130 and I-485 were showing intentions of immigration? I was worried that because of "showing immigration intent" through AOS, I could not ask for OPT.

I thought H1-b might be a different story because it allows for dual immigrant intent.

Thank you!

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Provided you do not exercise any benefits associated with filing your I-485 (e.g. filing for an EAD or AP and using them) then you are considered to remain in F-1 status until your I-485 is adjudicated. If you were to use your interim benefits in some way (use your C-9 EAD to work off-campus; use your AP to re-enter the US after departing temporarily, etc.) then your F-1 would be considered terminated and you would instead now be a pending adjustee.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Provided you do not exercise any benefits associated with filing your I-485 (e.g. filing for an EAD or AP and using them) then you are considered to remain in F-1 status until your I-485 is adjudicated. If you were to use your interim benefits in some way (use your C-9 EAD to work off-campus; use your AP to re-enter the US after departing temporarily, etc.) then your F-1 would be considered terminated and you would instead now be a pending adjustee.

If I understand it correctly, not having an F-1 status shouldn't interfere with her studies, she may have to register again at school but not having an F-1 status doesn't mean she can't take any classes. I believe the school will update your SEVIS and status but you can still take classes while you're in the middle of an AOS.

Not having the F-1 status will definitely affect her in case her AOS gets denied, in that case she'll have to leave the country and apply for a new F-1 with a new I-20.

Obviously I'm not 100% sure on this, it's just what I have been reading since I'm pretty much in the same path at the moment...

Just to put another question on the thread, if you're in the middle of AOS I believe you can stop taking classes full time, obviously loosing your F-1 status but I think in theory you could, anyone knows about this?

Thanks!

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Indeed, she can likely continue at her school even if her F-1 status is terminated.

If the AoS is denied and you maintained F-1 status then you can simply continue in F-1 status. If the AoS is denied and your F-1 status was terminated then you would need to depart the US, usually within 30 days of the denial.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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