Potatoes

Hello!
i'm new to this message board and I hope you'll be able to give
me some information. here's my case:

I entered USA on F1 visa in 1999
and have been maintaining my status up now. I'm already a PhD candidate
and just trying to finish my thesis to obtain my doctoral degree (...but
was delayed due to some research problems & my personal health
conditions).

My USC husband and I met in 2000, got engaged in 2002 and
married in July 2003. we filed I-130/485/I-765 in Denver last Dec 30,
2003. My husband's income is above the required poverty line.
Our
files were sent to NBC-Missouri and we already received (NOA) notice of
actions/receipts (Jan 27, 2004). I have appeared for the BIOMETRICS (Feb
4 2004) & fingeprints (March 29, 2004)appointments...and now waiting for
the EAD card to arrive.

My questions:
1) My I-20 is expiring on Aug
2004, do I need to renew it or can I just attend school as an AOS
applicant? will the school allow me to be on AOS status while going to
school? what happens to an F1 student's SEVIS records while on AOS & AOS
is pending?

2) My husband and I are temporarily living in different
states (GA, CO, OK) because I'm still in school (OK). Since I'm
physically at school campus all the time, I used my campus address as my
mailing & physical address (this is also on my SEVIS records) in filling
out the I-485/I-765 forms. my husband used our address in Denver in
the I-130 since our state of residence as a couple is Colorado, at the
time we file the BCIS forms.
will this cause a problem during the AOS
interview?

we actually received the NOA for I-765/I-485 in my campus
address and the I-130 was sent to our residence address in Denver AND we
also filed a joint income tax (Federal, OK, GA, and C0)....so now we
think it's okey, any comment on this?

3) Last month, we decided to move
back to Georgia (we have a property there & we plan to build our own
house & settle there for good).
My husband went to the BCIS Denver
Office in person and informed them of the address change. To our
surprise(!), the staff changed it in the computer and after a week, we
received another NOA (from BNC:Missouri) that BCIS has changed our
address in the system. The NOA wa sent to our new address in GA!!!It was
fast and simple as that... anyone had this experience too?

Will our
files be automatically transferred to GA or should we make a request
(thru a letter) that our files be transfered from Denver to Atlanta?


Thanks for your time reading my post. We look forward to reading
your replies.

Andy Platt

Speak to the school but there is nothing legally that prevents someone who
is pending adjusting status attending school without an I-20. In fact you
probably wouldn't be eligible for an I-20 once you have applied for AOS
since you have demonstrated immigrant intent.

I expect the address thing will be a non-issue. Everyone understands that
when you are at school you have two addresses! The files should be
automatically be transferred - it's good you got evidence this happened.
When I was pending adjustment of status I moved (just within the same USCIS
district) and it took me one letter and two trips to the local office to get
my interview notice sent to my current address - even after that they sent
the GC to the old address!

I think sometimes they are better when you move between offices. So long as
the file actually gets there, the address seems to have got updated properly
too.

Andy.

Potatoes

Hi! Andy Platt

Thanks for answering my post. I appreciate it
very much.

LucyMO

Originally posted by Potatoes
    > Hi! Andy Platt
    >
Thanks for answering my post. I appreciate it very much.

Yes,
Andy is right. Once you applied for AOS, you don't have to maintain your
F-1 status, and may even be eligible for in-state resident tuition.


Different addresses are not a problem, as long as you are in school.
INS understands it as a good reason for being in different states
(actually happens more often that you think -- some of my friends are
like this, and they didn't have a problem adjusting their status). I am
lucky since I am on OPT and I could move to GA to be with my hubby...


You have to let your INternational Center know that you are in AOS
pending status, and they will make a special note of it in your file, so
you don't have to extend your I-20.

Be ready, AOS takes over 2 years in
Atlanta. I read it only takes 4 months in Oklahoma. :)

Good luck!

Potatoes

Hello! LucyMo and Andy,

Thanks for reading and replying to my post.


I have already told the International Student Services (ISS) at our
school about my AOS application.

The ISS staff told me that I
cannot accept employment w/o the EAD (even if the "working permit" that
they issued to me as a student maintaning F1 status, is valid until May
2004); and even if my professor had extended my 1/4 time graduate
assistantship for Spring semester. I inquired from an immigration lawyer
(online) about this, and he replied (thru e-mail), that I can still use
the working permit even if on AOS...so I'm a little confused...

So,
this Spring 2004, I registered 9 credit hrs but did not get my out of
state tuition fee waiver (thru the assistantship) & was not able to work
for my professor as a graduate research assistant:(

The other thing
about "still" maintaining F1 status (by enrolling certain credit hrs
required by BCIS), is that I do not have any courses to take because I
have already enrolled all the ones I have in my plan of study & I have
passed both my written & oral exams (prelim exams).

I'll talk again
to our school ISS and let this forum know how it goes (I hope my
experience or any info i will get will help others too).

And yes,
LucyMO, Atlanta has a huge backlog (the last time i visited BCIS
website, i think it's posted that they're processing AOS applications
received on April 2001 ?!!!).

Thanks again, Andy & LucyM, for your
help! I appreciate it.

Andy Platt

"Potatoes" <member24217@british_expats.com> wrote:

    > The ISS staff told me that I
    > cannot accept employment w/o the EAD (even if the "working permit" that
    > they issued to me as a student maintaning F1 status, is valid until May
    > 2004); and even if my professor had extended my 1/4 time graduate
    > assistantship for Spring semester. I inquired from an immigration lawyer
    > (online) about this, and he replied (thru e-mail), that I can still use
    > the working permit even if on AOS...so I'm a little confused...

This is a grey area and the ISS staff is playing it safe. The issue is that
an F-1 is not a "dual intent" visa so when you apply for AOS you are no
longer in F-1 status. Therefore many people feel that any work authorization
that comes with that disappears too. Others disagree - hence you got
conflicting advice. It's your call which advice you take.

A few years ago the service said they were considering extending dual-intent
to F-1 and other similar categories but they never implemented that :(

Andy.

LucyMO

My school has a different opinion. They told me I still could maintain
my F-1 status if I wanted -- that is keeping full-time enrollment and my
assistantship with a waiver. But since I took all the classes I needed
by that time, I didn't need to enroll in any credit hours, but "Exam
ONly" option.
I am on OPT now, and my work permit is good until August.

You did apply for AOS and work permit, didn't you? If it has been more
than 90 days since you applied for EAD, you can go to your local office
and get an interim EAD which will allow you to work until you get the
real one. :)

So, pretty much to sum it up: you can still consider
yourself in F-1 status until your I-20 expires, as long as you follow
the rules of your status (inlcluding using your F-1 EAD, by the way what
is it? just regular on-campus employment "permit" from your
INternational Center or OPT or Curricular PT?). I never needed
International Center's express permission to accept my graduate
assistantship.

But as soon as you use AOS EAD, then it's pretty much
your new status: pending AOS. Which by the way doesn't preclude you
from working on campus and getting your assistantship with a waiver. :)
Good luck!

Michael D. Young

Potatoes wrote:

    > Hello! LucyMo and Andy,
    > Thanks for reading and replying to my post.
    > I have already told the International Student Services (ISS) at our
    > school about my AOS application.
    > The ISS staff told me that I
    > cannot accept employment w/o the EAD (even if the "working permit" that
    > they issued to me as a student maintaning F1 status, is valid until May
    > 2004); and even if my professor had extended my 1/4 time graduate
    > assistantship for Spring semester. I inquired from an immigration lawyer
    > (online) about this, and he replied (thru e-mail), that I can still use
    > the working permit even if on AOS...so I'm a little confused...
    > So,
    > this Spring 2004, I registered 9 credit hrs but did not get my out of
    > state tuition fee waiver (thru the assistantship) & was not able to work
    > for my professor as a graduate research assistant:(
    > The other thing
    > about "still" maintaining F1 status (by enrolling certain credit hrs
    > required by BCIS), is that I do not have any courses to take because I
    > have already enrolled all the ones I have in my plan of study & I have
    > passed both my written & oral exams (prelim exams).
    > I'll talk again
    > to our school ISS and let this forum know how it goes (I hope my
    > experience or any info i will get will help others too).

This is what the then INS Office of Business Liaison said about a K-1 and I
assume it applies to all other visa classifications:

"An EAD is automatically invalidated if the status which entitled the alien
to the employment authorization ceases, whether or not the EAD has expired."

Contact them and see what they say.

http://uscis.gov/graphics/services/e...fo/oblhome.htm

Fax: 1-202-305-2523
Toll-free line: 1-800-357-2099