Dropping F-1 Visa after pending AOS and approved EAD?

[j0429 0]

Hey guys, recently we applied for family based green card with concurrent filing of I-130 & I-485 in April, we got pending AOS notice pretty soon after and have already gotten the EAD and have done the biometrics.

 

Because of changing financial circumstances I am planning to drop out of college, so I can save on tuition and start working on my EAD. I've talked to our lawyer a few months ago and he said that is okay as long as I am aware that I have no backup options to be able to stay in the US if my application gets rejected.

 

But now with the new USCIS announcement, I have been reading a lot of conflicting information on if it's okay to drop my visa status, with some people saying that they got a NTA after revocation of their H1-B visa despite their AOS status. And some saying that people who have already submitted their I-130 & I-485 is not gonna be affected.

 

If I drop my F1 visa would it get me in trouble regarding NTA and Removal? I havent had any visa issues and overstaying, or any criminal records, but I am concerned if dropping out right now would cause me issues. Thank you.

[OldUser 10,177]

This is probably the worst time to have no backup for status. F-1 is especially good as a backup, because of its duration (as long as you study)

[j0429 0]

1 minute ago, OldUser said:

This is probably the worst time to have no backup for status. F-1 is especially good as a backup, because of its duration (as long as you study)

I do completely get that, but also its been pretty difficult to pay tuition recently cus of changing circumstances, and I would like to starting working with my EAD to earn extra income. I am more worried about if being out of F-1 status despite having pending AOS status will get me in trouble with NTA/removal cus of this new announcement.

[Ontarkie 14,972]

~~Moved to AOS from Work, Student and Tourist Visas, from IR1 CR1 P & P~~

[rbv_shard 2]

Have you checked what the minimum enrollment at your university is for full-time status?  It may feel wasteful if tuition is the same for 12 credits or 18, to take only 12, but you may find it practical to maintain enrollment while working.

[j0429 0]

11 hours ago, rbv_shard said:

Have you checked what the minimum enrollment at your university is for full-time status?  It may feel wasteful if tuition is the same for 12 credits or 18, to take only 12, but you may find it practical to maintain enrollment while working.

Unfortunately I only have regular F-1, not F-1 OPT, the minimum full time enrollment is 12 credit hours, and I pay on a per credit hour basis. I have asked the international student office, and they said that I cannot use my EAD while attending school, and that if I use my EAD it would be a automatic termination of my F-1 status😭. I know that right now is a really terrible time to not have a back up status, but also the fact that I can't even work because of the F-1 status is putting me between a rock and a hard place, hence why I was wondering if I drop F-1 right now in order to work, would I be having issues with NTA/Removal due to the  new USCIS annoucement.

Edited Sunday at 12:49 PM by j0429

[Boiler 47,618]

Once you use your EAD then you are no longer F1 ,but you can still study. May be some confusion.

 

I always think it is a good idea to maintain status and not be reliant on adjusting. I assume you had a study plan coming to the US.

[j0429 0]

1 hour ago, Boiler said:

Once you use your EAD then you are no longer F1 ,but you can still study. May be some confusion.

 

I always think it is a good idea to maintain status and not be reliant on adjusting. I assume you had a study plan coming to the US.

Yeah I had a study plan, inflation and other personal circumstances has made things pretty difficult though, to keep paying tuition while not working to maintain status. Also I had no idea you can still study without F-1? I thought that was a must?

Edited Sunday at 03:23 PM by j0429