littlebeetle

Once you receive your NOA1, your status is no longer of a F-1, but rather 'AOS pending.'

That's what I thought, but I must admit it's a bit confusing...

I consulted an attorney on this matter since I'm trying to finish my PhD and being paid on assistantship but was filing AOS. Apparently while F-1 does not allow dual intent, USCIS does not necessarily prohibit one from maintaining F-1 status in school for the purposes of being able to stay in school, have tuition paid, have an assistantship etc. Technically, filing AOS breaks any non-immigrant status, however USCIS has not issued formal guidance on this for F-1 as they have for other forms of non-immigrant visa. USCIS are aware that terminating an F-1 status of a student could effectively force a student to quit school, especially in the event of AOS being denied. What you are not eligible to do is apply for an F-1 based EAD for off-campus employment due to pending AOS. If you need off campus EAD, then you will get this through AOS based application (assuming you filed the form). One thing which is crystal clear is that you cannot use your F-1 for reentry into the US once AOS has been filed. For that you need AP. My DSO has informed me that they usually keep students logged as F-1 and will not terminate any SEVIS record until AOS has been approved. Their reasoning (and their attorneys) is that terminating records and thus not allowing assistantships etc would force many students to drop out, be unable to pay rent etc, leaving them in quite a pickle.

For your situation, you should have no problem transferring school. The only issue I can foresee is you being offered an assistantship which you may or may not be able to accept based on your status at the time. If your F-1 is terminated, you need to wait for EAD from the AOS application. If your F-1 is transfered, the DSO there will likely recommend you may take assistantship. If you plan to pay your tuition etc yourself, then this isn't even an issue. Most schools let AOS file as in-state, provided they have met the other residency requirements for the State.

Thanks for the very informative reply.

In the event that I apply to a different program (no transfer) and I miss a semester applying, I assume that my F1 is no longer valid as one of the requirements of it is a full study load, is this correct?

...here's a few more thoughts regarding your question.

I am a former F-1 student myself. An immigration attorney told me that you automatically lose your F-1 status once you file your AOS package - why? As the F-1 is a non-immigrant visa state and now you intend to become a permanent resident in the US and no longer just "visiting".

This past fall semester I wanted to go back to school myself after years of being out of college. The admissions office wanted to charge me out-of-state tuition even though I have been living in California for almost 10 years, nowhere else while I was in the US - the reason, I couldn't provide a greencard to proof my US residency or other documents that I am a US Citizen. So generally speaking, there is no reason why you shouldn't be able to continue your school needs, just brace yourself for the admissions office treating you "funny"....

Thought I share this with you.

Good luck on your AOS journey and have fun studying

Maxximus

Thanks for the input Maxximus

I've also heard that you lose F1 when filing for AOS, not sure why...

The most important thing for me is being able to apply elsewhere if I choose to leave my current university. Paying in-state tuition would be nice, however I suspected I'd have to pay out of state tuition until the permanent residency is settled.

Hi, I will try to answer your questions as much as I can since I was a F-1 student 2.

While it is a good thing to to maintain your F-1 status while filing for AOS, but not doing it wouldn't mean that your case will definitely be denied. I was out of status as an F-1 student for 5 years before doing the AOS, and the IO (immigration officer) didn't even bother to ask me about it . But here is a bit difference between us, I maintained my F1 status for 3 years before going off the track; while you, on the other hand, only completed one semester. So, the IO might consider that your intent from the beginning wasn't that you want to study in the US, but to immigrate here. So, you might need to prepare all the evidences to show that you have come to the US several times in the past and have met your husband before.

Usually people would try to maintain their F-1 status while doing the AOS until they receive a NOA1 - the first Notice of Action letter, that is sent by the USCIS, after that they are not obliged to be a full time student anymore, but you're not a permanent resident yet . While your AOS is pending, be it after or before the NOA1, you are welcome to apply to any universities that you like.

Thank you for your prompt reply and the good news.

We have already received the first NOA (I-797C).

I do have evidence of visiting several times prior to coming as a student (plane tickets, his name on my ESTA when visiting), and I also have proof of taking the GRE (preparing to go to grad school in the US) before we met. The whole reason for us being apart is that I planned on studying at this university before I met him.

Hi all,

I am new here and this is my first post. I would really appreciate some input from you guys.

Here's the story: I met the love of my life about a year ago. I visited him several times (VWP) before coming to the US on a F1 visa to start a master's program in the fall (this year). We got married last month and a couple of weeks ago we sent in the i-130, i-485 and g-325A forms for which we received receipts a few days later.

The problem is, my husband and I live almost 3000 miles apart. Needless to say, we are unhappy with this situation and are looking for a solution to this problem. I am considering taking a semester off or leaving the program to permanently move in with my husband. From what I understand there are no rules saying that I have to remain a student after filing for AOS, however I am worried about it being used against us when it is time for the interview. So far I have only completed one semester.

Also, am I eligible to apply to other universities while the AOS is pending?

Any comments on our situation are very welcome.