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Discussion

Questions for further studies?

Hi guys I am one of u whos waitin for this visa thing to open up..rite now i m in US on AOS, just waitin for my PD. which on current bulletin wud take few years,, so I was on F1 and now on AOS, wud like to carry on my studies.. while i m working.. so wud i have to be on F1 to study, or wud be considered a local to carry on..i do not want to go back on F1.. so pls give opinions.. if any one has gone thru same.. it wud be much appriciated.

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  • Experts

When were you on the F-1, and when was the AOS filed on your behalf?

With the AOS, you actually have no status, you are in between. Did you have the I-485 submitted, and if so, when ? That is why you need to get an Advanced Parole to travel out of the US as you do not have a visa.

Was it just the I-140 that was submitted, or was the I-485 actually submitted as well?

You are legally in the US, so it will be up to the school to decide the classification that you are under. The federal government does not make that determination. States also have different rules on this.

  • Author
When were you on the F-1, and when was the AOS filed on your behalf?

With the AOS, you actually have no status, you are in between. Did you have the I-485 submitted, and if so, when ? That is why you need to get an Advanced Parole to travel out of the US as you do not have a visa.

Was it just the I-140 that was submitted, or was the I-485 actually submitted as well?

You are legally in the US, so it will be up to the school to decide the classification that you are under. The federal government does not make that determination. States also have different rules on this.

i was on F1 until july 06, OPT till Dec,06. 140 and 485 were filed on oct 'o6

I 485 is pending.. have new EAD since dec'06.. so.. dunno.. how to approach..

  • Experts

The OPT is still under the F-1, it is not a visa status, only permits you to work. But still maintain the student status during that. And once your AOS petition was filed in October, then the OPT became void, as the F-1 status no longer exists, if you want to be technical on that.

If you got the AOS in before the deadline, then you have a green card pending as far as immigration status for school applications. Again, it will depend on the state that you are in, as well as the school. You no longer have the F-1 status, so you do not have to worry about those fees, at least in most cases. The school can give you their final decision, but you can attend school while undergoing the AOS, you are legally in the US.

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