Is it okay to withdraw F1 status and still finish Doctorate while I have EAD Co9P?

[MBA098 0]

Hello everyone,

I was on F1 and completing my doctorate (phd). Got married in 2020. My I-30 got approved and I received the EAD CO9P valid for 2 yrs (expiring in September 2023). I withdrew my F1 status and still completing my classes.

My question is: Can I still go to school and finish my last semester, while I have EAD (category CO9P)? Or I should not have withdrawn from F1 status?

Also, my case has been identified as a potential interview waiver application and is currently undergoing normal processing at the NBC prior to field office review. As an interview may not be required,  application may be sent to a field office, other than your local office, for final adjudication. 

[Timona 3,950]

Who told you your interview is being waived?

[MBA098 0]

I asked my congressman if he can expedite my case, (reason was that without GC I am not able to do 30% of my job duties). My congressman told me that my interview is in waived category

[Rocio0010 5,569]

Why did you withdraw?

[Ontarkie 13,920]

~~MOved to AOS from Work, Student and Tourist Visas, from IR1/CR1 P&P - the OP is adjusting his status~~

[MBA098 0]

7 minutes ago, Rocio0010 said:

Why did you withdraw?

I was told that I do not have to maintain a F1 status if my I-130 is approved and got EAD already. and in order to get session breaks, that was the only way out. So making sure if its okay to finish last semester without F1 status, if I have a way of legal presence in USA (i.e. EAD  CO9P)?

Edited March 14, 2023 by MBA098

[Rocio0010 5,569]

13 minutes ago, MBA098 said:

I was told that I do not have to maintain a F1 status if my I-130 is approved and got EAD already. and in order to get session breaks, that was the only way out. So making sure if its okay to finish last semester without F1 status, if I have a way of legal presence in USA (i.e. EAD  CO9P)?

Yeah it is ok, but there are certain considerations.

 

First, are you doing any sort of internships/ assistantships?

 

Whats the plan if your case is denied?

[Timona 3,950]

1 hour ago, MBA098 said:

I asked my congressman if he can expedite my case, (reason was that without GC I am not able to do 30% of my job duties). My congressman told me that my interview is in waived category

 

First time I heard USCIS tell anyone this. Keep us updated. 

[da95826 387]

2 hours ago, MBA098 said:

I was on F1 and completing my doctorate (phd). Got married in 2020. My I-30 got approved and I received the EAD CO9P valid for 2 yrs (expiring in September 2023). I withdrew my F1 status and still completing my classes.

My question is: Can I still go to school and finish my last semester, while I have EAD (category CO9P)? Or I should not have withdrawn from F1 status?

Do you have a conditional green card? If you don't have your conditional green card, how do you know your i130 was approved? Did you have an i130 interview? It is unusual for an i130 to be approved separately from the i485, is that the case here? Did you file the i130 and the i485 separately?  Your case seems to have some inconsistencies which may indicate problems with your case.  

 

If you got a conditional green card after your adjustment of status was approved, then you are LPR not on an EAD. As legal permanent resident then withdrawing the F1 was okay because green card holders can go university and work.

 

However, if in fact you are on an EAD and not a green card and still have the AOS still pending then withdrawing the F1 was likely not a good idea. Not sure you can be admitted to school on a work permit only. Also, if your AOS is not approved then you have no backup to allow you to stay in the USA and no status to work or go to school. 

 

2 hours ago, MBA098 said:

Also, my case has been identified as a potential interview waiver application and is currently undergoing normal processing at the NBC prior to field office review. As an interview may not be required,  application may be sent to a field office, other than your local office, for final adjudication. 

Most AOS cases sent to NBC are heading to the field office for an interview. Some AOS cases interviews are waived but it is unlikely. No way would a congressional office know whether or not the case would be sent to field office for an interview. 

Edited March 14, 2023 by da95826

[MBA098 0]

23 hours ago, da95826 said:

Do you have a conditional green card? If you don't have your conditional green card, how do you know your i130 was approved? Did you have an i130 interview? It is unusual for an i130 to be approved separately from the i485, is that the case here? Did you file the i130 and the i485 separately?  Your case seems to have some inconsistencies which may indicate problems with your case.  

 

If you got a conditional green card after your adjustment of status was approved, then you are LPR not on an EAD. As legal permanent resident then withdrawing the F1 was okay because green card holders can go university and work.

 

However, if in fact you are on an EAD and not a green card and still have the AOS still pending then withdrawing the F1 was likely not a good idea. Not sure you can be admitted to school on a work permit only. Also, if your AOS is not approved then you have no backup to allow you to stay in the USA and no status to work or go to school. 

 

Most AOS cases sent to NBC are heading to the field office for an interview. Some AOS cases interviews are waived but it is unlikely. No way would a congressional office know whether or not the case would be sent to field office for an interview. 

I got approval notice for I-130 approved. I was not aware that so I filed I-130 and I-1485 separately. Probably thats why its taking me longer. Now my EAD is expiring in September 2023. Looks like I have to file for renewal in couple of months.

 

I didnt appear for interview yet. My job requires me to be green card holder as there are some duties I cant perform while having EAD co9p. So I submitted a request to expedited. Thats how I got to know that interview is waived.

 

so withdrawing from F1 status is not good step. 

[MBA098 0]

On 3/13/2023 at 8:28 PM, Rocio0010 said:

Yeah it is ok, but there are certain considerations.

 

First, are you doing any sort of internships/ assistantships?

 

Whats the plan if your case is denied?

I am working for one university 

[MBA098 0]

On 3/13/2023 at 9:02 PM, Timona said:

 

First time I heard USCIS tell anyone this. Keep us updated. 

Yes

[da95826 387]

2 hours ago, MBA098 said:

I got approval notice for I-130 approved. I was not aware that so I filed I-130 and I-1485 separately.

You should check that your i130 is connected to the i485. Sometimes a standalone i130 is sent to the national visa center for overseas processing by the state department at your home county embassy. You have an EAD so your AOS is probably okay but check and make sure the approved i130 is in fact connected with the pending i485.

How far apart in time did you file the i130 before the i485? 

You may need to file to renew the expiring EAD this summer.

 

Good luck.

[Rocio0010 5,569]

12 hours ago, MBA098 said:

I am working for one university 

Is it an assistantship? If so, if you withdrew your F1 status then your assistantship is void and you can't continue it under your marriage- based EAD. Have you talked to your International Student Advisor? What did they say? 

[MBA098 0]

22 hours ago, da95826 said:

You should check that your i130 is connected to the i485. Sometimes a standalone i130 is sent to the national visa center for overseas processing by the state department at your home county embassy. You have an EAD so your AOS is probably okay but check and make sure the approved i130 is in fact connected with the pending i485.

How far apart in time did you file the i130 before the i485? 

You may need to file to renew the expiring EAD this summer.

 

Good luck.

Thank you.

the gap between I-130 and  I485 application (i485 application included i-765, i131) was 5 months. I130 approved, i131 approved, i765 approved. Got ead for 2 yrs, expiring in september. Finger prints done in June 2021. So my question is how can I check that I-130 and I-485 are linked/connected together?

I will file for renewal soon.

Edited March 16, 2023 by MBA098