married to USC: AOS pending & I-20 will expire

[PCR]

hello!
i've been reading messages on this discussion board and i have learned a lot. thanks for the information!

first, let me give you some information about my immigration status:
i entered USA using F1 visa in 1999: i'm presently PhD candidate (i have not violated my F1 status & and i'm still a full time student); i met my USC husband more than 3 years ago; got engaged and then married last year. we have filed I-130, I-485 & I-765 last dec 30, 2003 in Colorado and got notice of action (NOA) from NBC:Missouri last jan 27, 2004. . the I-485 NOA issued to me has A# on it; i have already appeared for my BIOMETRICS appt last feb 4; fingerprint appt scheduled on march 29, 2004.
my questions are:
1. i have been on graduate assistanship (tuition fee waived; working on campus) since i started my studies. my professor renewed the assistantship this Spring semester.

as an F1 student, i still have a valid working permit issued by our DSO... so our department secretary put me back on the pay roll as a graduate research assistant; BUT when i inquired from our DSO, the staff said that since i have a pending AOS, i need to wait for my EAD so i can avail of the assistanship. IS THIS CORRECT?
because of this...i cannot avail of the assistantship: tuition fee waiver..so i need to pay more.

if my AOS is pending...does this mean the DSO does not consider me on F1 status anymore (so the working permit they gave me is now void)?

am i still in the SEVIS? what is the rule regarding F1 students on status with pending AOS...is the SEVIS file for me still "current F1 student" or "pending immigrant:adjusting status"? or current F1 student with pending AOS?

2. my I-20 will expire this Aug 5, 2004 but i won't be able to finish my thesis this August. i will probably graduate Fall or next Spring semester. DO I NEED TO RENEW MY I-20 BEFORE IT EXPIRES?; if it expires, will i still be allowed to continue my graduate program until i finish?

thanks for your time.

[PCR]

hello!
i've been reading messages on this discussion board and i have learned a lot. thanks for the information!

first, let me give you some information about my immigration status:
i entered USA using F1 visa in 1999: i'm presently PhD candidate (i have not violated my F1 status & and i'm still a full time student); i met my USC husband more than 3 years ago; got engaged and then married last year. we have filed I-130, I-485 & I-765 last dec 30, 2003 in Colorado and got notice of action (NOA) from NBC:Missouri last jan 27, 2004. . the I-485 NOA issued to me has A# on it; i have already appeared for my BIOMETRICS appt last feb 4; fingerprint appt scheduled on march 29, 2004.
my questions are:
1. i have been on graduate assistanship (tuition fee waived; working on campus) since i started my studies. my professor renewed the assistantship this Spring semester.

as an F1 student, i still have a valid working permit issued by our DSO... so our department secretary put me back on the pay roll as a graduate research assistant; BUT when i inquired from our DSO, the staff said that since i have a pending AOS, i need to wait for my EAD so i can avail of the assistanship. IS THIS CORRECT?
because of this...i cannot avail of the assistantship: tuition fee waiver..so i need to pay more.

if my AOS is pending...does this mean the DSO does not consider me on F1 status anymore (so the working permit they gave me is now void)?

am i still in the SEVIS? what is the rule regarding F1 students on status with pending AOS...is the SEVIS file for me still "current F1 student" or "pending immigrant:adjusting status"? or current F1 student with pending AOS?

2. my I-20 will expire this Aug 5, 2004 but i won't be able to finish my thesis this August. i will probably graduate Fall or next Spring semester. DO I NEED TO RENEW MY I-20 BEFORE IT EXPIRES?; if it expires, will i still be allowed to continue my graduate program until i finish?

thanks for your time.

[Still Learning]

If I were you I would consult with an immigration attorney and not rely on info from this board...you have very specific questions that you need exactly the right answers to and you've done everything right to date, wouldn't want you to not get the full benefit of your diligence so far.

[imported_John Henry]

PCR:

You describe a very common scenario - F1 student marries USC and adjusts status. Not a big deal at all...

When you submitted your AOS paperwork and received your NOA, your F-1 status was no longer valid (i.e. your status is "pending AOS"). However, most school officials are clueless about this sort of situation. Some schools will not let you change your status from a foreign student to a resident alien until you have your I-551 stamp (green card) while others will sometimes accept the EAD. Until you get the EAD or I-551 then universities usually don't know how to handle your "limbo status". They only seem to recognize F-1 status or EAD holder.

In my situation, I just carried on as an F-1 in terms of my RA/TA work until the EAD came through (this took a few months). Then, I notified the university that I had changed status and I switched to resident status.

The problem will be convincing the school to let you work because they have recognized that your F-1 status has ended and you do not yet have your EAD. School officials with a little bit of knowledge like that know just enough to make your life difficult. How did they know you applied to adjust status? Did you tell them?

I guess what I would do is argue with them that your F-1 status has not changed until you get your EAD. The I-20 is totally irrelevant now that you are adjusting status. You will not be allowed to renew your I-20 if you are already in the system as a pending AOS (i.e. you can't be two categories at once). The system is not meant to disrupt your employment - it is supposed to be a seamless transition from F-1 to LPR with the EAD covering the interim period. Congress has already established (INA 245(c)) that they will not penalize spouses of USCs who work prior to receiving the EAD.

How long do you anticipate it will take to get the EAD?

[PCR]

hello! John Henry & Still Learning,

thank you very much for your replies. i appreciate it very much.
regarding John Henry's Questions:

i informed the DSO of my AOS when i inquired about the validity of my working permit.

regarding my EAD, the BCIS status check online say it will take 30-90 days before it can be issued. if this is true, the earliest i can get it will be next month.

i have another question, is the EAD card sent by mail? or do we need to go to the BCIS district Office to get it?

thanks again for you time.

[imported_John Henry]

Hi PCR (do you run gels or is that just your initials?)

I received mine in the mail.

Which district office do you have?

[PCR]

Hello! John Henry,
thanks again for you reply.

we filed our applications (I-130, I-485, I-765) at the Denver District Office. during filing, the staff told us that our files will be sent to NBC because all family-based petitions/applications filed in Denver are sent to Missouri (i think the other district offices have started doing this too).

is your AOS employment based or family based?

with regards to PCR: yes, i use PCR technique and run gels in my research. how about you?

thanks again for the information.

[imported_John Henry]

Hi PCR,

Yes, my AOS was family-based (I married a USC during my post-graduate work). Yes, I sequence bacteria in my postdoc research.

You are most welcome. Good luck and please report back with an update. I'm interested in hearing how it goes.

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