Pending AOS and F1 Status

[Happysunday]

Hello all.

I have a pending AOS by marriage to a USC. my PD is Oct 12, 2017 and have completed biometrics thus far.
I am currently enrolled in university and as the semester comes to an end, I was wondering if i can stop
taking classes for the next semester. if so, my I-20 would be dead. Currently my F1 Visa is dead and i did not
renew it bc i felt no need to do so as my I-20 is still valid. Will this be an issue with my current I-485 submission?
still waiting on Employment auth /Advance parole

Thank you

[newacct]

You don't need to maintain status (either before or after you file AOS). You can stay in the US as long as you have a pending AOS.

[Himrod]

Hello all.

I have a pending AOS by marriage to a USC. my PD is Oct 12, 2017 and have completed biometrics thus far.
I am currently enrolled in university and as the semester comes to an end, I was wondering if i can stop
taking classes for the next semester. if so, my I-20 would be dead. Currently my F1 Visa is dead and i did not
renew it bc i felt no need to do so as my I-20 is still valid. Will this be an issue with my current I-485 submission?
still waiting on Employment auth /Advance parole

Thank you

Once you get your EAD your F-1 status will drop. You don't need to wait till your I- 485 approved.

[newacct]

Once you get your EAD your F-1 status will drop. You don't need to wait till your I- 485 approved.

No, getting an EAD by itself won't affect one's status. Working outside of F1 will cause F1 status to be lost, however.

[Himrod]

No, getting an EAD by itself won't affect one's status. Working outside of F1 will cause F1 status to be lost, however.

A person can carry only one status. The EAD gives you permission to work and officially on pending status for I-485, so F1 status is gone .He/She can work.

[newacct]

A person can carry only one status. The EAD gives you permission to work and officially on pending status for I-485, so F1 status is gone .He/She can work.

A person can have at most only one status. But having an EAD does not give you a status. Having a pending I-485 does not give you a status. Neither of those things affect status. The OP's only status is the on on his I-94 -- F-1, which continues as long as he abides by the rules of F-1 status. If he violates F-1 status, e.g. by dropping out of school or by working outside what is allowed by F-1, then he has no status, i.e. he is out of status. He can then still stay in the US by virtue of having a pending I-485 even though he has no status.

[Himrod]

A person can have at most only one status. But having an EAD does not give you a status. Having a pending I-485 does not give you a status. Neither of those things affect status. The OP's only status is the on on his I-94 -- F-1, which continues as long as he abides by the rules of F-1 status. If he violates F-1 status, e.g. by dropping out of school or by working outside what is allowed by F-1, then he has no status, i.e. he is out of status. He can then still stay in the US by virtue of having a pending I-485 even though he has no status.

How do you bring together a person with F-1 visa holder and EAD? Automatically his/her previous status drops no matter what I-485 pending or not. After EAD receiving he/she can not return to previous status. This is what my lawyer said when I filled my papers.

[newacct]

How do you bring together a person with F-1 visa holder and EAD? Automatically his/her previous status drops no matter what I-485 pending or not. After EAD receiving he/she can not return to previous status. This is what my lawyer said when I filled my papers.

Then you have been given wrong information. Getting a document like an EAD or AP or whatever is not one of the things that causes status to end. You can get an EAD and not work on it. It has no effect on your status. Many people get an EAD just in case they need to use it to work outside their current work status, but not planning to use it normally; some people get an EAD so they can get a driver's license, or get a Social Security Number, etc. None of that affects their status. Only working on the EAD when your status does not allow such work violates your status and causes you to lose status.

[Himrod]

Then you have been given wrong information. Getting a document like an EAD or AP or whatever is not one of the things that causes status to end. You can get an EAD and not work on it. It has no effect on your status. Many people get an EAD just in case they need to use it to work outside their current work status, but not planning to use it normally; some people get an EAD so they can get a driver's license, or get a Social Security Number, etc. None of that affects their status. Only working on the EAD when your status does not allow such work violates your status and causes you to lose status.

you are the lawyer/ You know the best