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Thread: Further complications

  1. #1
    A student was approved for OPT. The day he picked up the OPT, he informed me that his Perm. Residency had been APPROVED. We went to the USCIS website and printed the approval notice. (Never once during the OPT application did he inform me that he had even applied for Perm. Residency).

    He wants to begin classes again in the Fall..and he was offered a job at the same institution where is studying. HR will not accept his online approval notice for the employment...I need clarification as to what the Perm. Residency approval actually means. Does he have to wait to get work authorization for that as well?

    I told him the worst case scenerio is that he cannot continue working at this job as an "employee"...however, he would be eligible for on campus student employment as a perm. resident student.

    He was also ill-advised by an attorney who told him he needed to maintain his F-1 status...pending status is one thing...but this guy is actually APPROVED!

    If he had presented all of the facts along with his intentions to go back to school in the beginning of the OPT application, he would have been advised to act accordingly in a specific timeline of events.
    Any advice?

  2. #2
    A student was approved for OPT. The day he picked up the OPT, he informed me that his Perm. Residency had been APPROVED. We went to the USCIS website and printed the approval notice. (Never once during the OPT application did he inform me that he had even applied for Perm. Residency).

    He wants to begin classes again in the Fall..and he was offered a job at the same institution where is studying. HR will not accept his online approval notice for the employment...I need clarification as to what the Perm. Residency approval actually means. Does he have to wait to get work authorization for that as well?

    I told him the worst case scenerio is that he cannot continue working at this job as an "employee"...however, he would be eligible for on campus student employment as a perm. resident student.

    He was also ill-advised by an attorney who told him he needed to maintain his F-1 status...pending status is one thing...but this guy is actually APPROVED!

    If he had presented all of the facts along with his intentions to go back to school in the beginning of the OPT application, he would have been advised to act accordingly in a specific timeline of events.
    Any advice?

  3. #3
    I wasn't aware of the fact that it is possible to print out approval notices online??? EAD (employment authorization) is not needed with an approved greencard, As a permanent resident he has most of the same rights as a USC, especially when it comes to attending school and employment. If he is actually approved, he should get his greencard in the mail shortly. He can use that to get his ss#, if he doesn't have one yet and start working right away.It is also possible that CIS stamped his passport to show that he is approved, he can use that until he receives the actual GC.(although CIS does not always stamp passports anymore) He should have received a NOA (notice of action) about this approval aswell.
    Something about this story sounds fishy to my though.

  4. #4
    yes...it all sounds fishy to me too. He comes in with bits and pieces of information..and expects me to be a mind reader about the rest.

    Yes, you can go online to case status on the USCIS website and print out the document that says it is approved.

    So you are saying that it is a given that he has work authorization with the Perm.Residency approval? And he just needs to wait for his greencard? He told me today he needed to complete another type of application????...I dont know what for.

    Thanks for your response

  5. #5
    It seems to me that maybe only part of his application to adjust status to permanent resident was approved.

    Do you have any information about the basis on which he is doing the AOS? Also, what exactly does the approval notice say (maybe something like I-130, I-140?)

    And yes, once he has a greencard he has automatic work authorization. If his application is still pending, he can apply for work authorization with form I-765, however, there might be restrictions depending on the basis for his AOS application

  6. #6
    For instance, if his AOS is marriage based, it could be that form I-130 has been approved (which is called "petition for alien relative) but not yet the I-485,(Application to Adjust Status to permanent resident) which grants the actual greencard. I-130 is the basis for the I-485, but does not grant any status in and by itself.
    There are different ways to obtain permanent residency, but most of them require more than one application to be approved.
    Since the AOS process can take quite some time, the CIS allows for MOST types of applications that the alien files form I-765 (employment authorization document, EAD) which takes 30-90 days to be approved and allows the alien to work while the AOS application is pending

  7. #7
    Oh, and he should have been eligible for on-campus employment while he was on the F-1 visa. Off campus employment is dissallowed without special authorization, but on-campus employment is allowed. However, the moment he applied for AOS (only form I-485, I believe), his F-1 became void. He is protected while his application is pending, however, if he does not have a ss# he cannot obtain one without EAD

  8. #8
    Do you know where I can find information with regards to "the minute he applied for AOS, his F-1 was voided?" This is another big question that always haunts me.

  9. #9
    I'm not sure where specifically to find the law. I would look up the sections of the law that concern both adjustment of status and the F-1 visa category which can be found on the uscis.gov website.

    To my knowledge (btw, I entered the US on an F-1, adjusted status to a Greencard based on marriage to my wonderful husband and continue to attend the same university), two factors play a role in that.
    A)
    The F-1 is a non-immigrant visa, applying for adjustment of status shows clear immigrant intend. As a consequence of that an F-1 holder, who applied for AOS cannot leave the US and reenter the US on the F-1 visa (he or she would need a travel document called advance parole) It could be possible that immigration does "not catch" such entry (although unlikely), however, in that case this person will run into problems trying to adjust status later, because entering the US on a non-immigrant visa with clear immigrant intent is considered "entering with dual intent" and "visa fraud" (please keep in mind, if you run into F-1 visa holders who are married to a USC and want to leave the US for a vacation or honeymoon, and who want to file for adjustment of status later, that said visa holder would run into the same problem, even if they have not yet filed for AOS)

    B)Someone who filed for AOS is considered an adjustment applicant, which is a protected category. F-1 students (including me when I started the process) applying for AOS are usually taken out of the SEVIS system (or a note is made in the SEVIS system, I did not actually do that myself), because they have now the right to take less than a full load of classes, take all of their classes online, or quit school alltogether, without being considered "out of legal status" or "in violation of the terms of the F-1".
    Also, when establishing residency, for tuition purposes, F-1 visa holders filing for AOS can count the day their application was filed as the first day of their 12 months physical residency requirement in order to be considered for in-state tuition, meaning they can start paying in-state tuition 12 month from filing AOS, granted they meet all other requirements.

    Therefore, adjustment applicant is a category "above" the F-1, it does not mean that any rights that were granted by the F-1 (such as attending school, or working on campus, or even a previously issued work authorization (as long as not expired)) do no longer apply.

    I hope that helps

  10. #10
    I did some more research and I found one post at another forum saying that the F-1 might stay valid even if AOS is denied. I find this a little bit questionable, but even if it true, the above stated facts still hold true, and a renewal or reinstatement of status in the F-1 category will be almost guaranteed denial since it will become almost impossible to prove non-immigrant intend.

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