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  • Question regarding status

    Hello everyone! I have some questions regarding my status.
    I came in to US with F1 visa and graduated in Dec 2017. I had my wife petitioned me and the PD for my I-485 is in Aug 2017.

    - Does it mean I am now is out of status for F1? If so, am I on any visa or what is my status right now?
    - I am applying for PhD in Fall 2018. If I get admitted while still waiting for the interview, will I need to do anything with SEVIS or reinstatement? (because I am out of status for F1?)
    - I had my EAD card already, but is it considered as unlimited or limited work authorization? Because on my university's career center website, employers are looking for employee with "Work Authorization with no time limits (includes permanent resident, refugee, asylee)" or "Work Authorization with time limits (includes F1 student visa & EAD Card for Deferred Action)" or "Work Authorization with time limits (includes student visas other than F1, H1B visa, TN Visa)". Is my status considered as "Work Authorization with time limits (includes F1 student visa & EAD Card for Deferred Action)"?

    Thank you for your answers!

  • #2
    Originally posted by dot.dash View Post
    Hello everyone! I have some questions regarding my status.
    I came in to US with F1 visa and graduated in Dec 2017. I had my wife petitioned me and the PD for my I-485 is in Aug 2017.

    - Does it mean I am now is out of status for F1? If so, am I on any visa or what is my status right now?
    You remain in status for 60 days after graduating. After that you are out of status. You can stay in the US for as long as your I-485 is pending regardless of whether you have status or not.

    Originally posted by dot.dash View Post
    - I am applying for PhD in Fall 2018. If I get admitted while still waiting for the interview, will I need to do anything with SEVIS or reinstatement? (because I am out of status for F1?)
    You are unlikely to get F1 reinstatement with immigrant intent. You can study with a pending I-485 with no status; most schools should be okay with that.

    Originally posted by dot.dash View Post
    - I had my EAD card already, but is it considered as unlimited or limited work authorization? Because on my university's career center website, employers are looking for employee with "Work Authorization with no time limits (includes permanent resident, refugee, asylee)" or "Work Authorization with time limits (includes F1 student visa & EAD Card for Deferred Action)" or "Work Authorization with time limits (includes student visas other than F1, H1B visa, TN Visa)". Is my status considered as "Work Authorization with time limits (includes F1 student visa & EAD Card for Deferred Action)"?
    It has time limits

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by dot.dash View Post
      Hello everyone! I have some questions regarding my status.
      I came in to US with F1 visa and graduated in Dec 2017. I had my wife petitioned me and the PD for my I-485 is in Aug 2017.

      - Does it mean I am now is out of status for F1? If so, am I on any visa or what is my status right now?
      - I am applying for PhD in Fall 2018. If I get admitted while still waiting for the interview, will I need to do anything with SEVIS or reinstatement? (because I am out of status for F1?)
      - I had my EAD card already, but is it considered as unlimited or limited work authorization? Because on my university's career center website, employers are looking for employee with "Work Authorization with no time limits (includes permanent resident, refugee, asylee)" or "Work Authorization with time limits (includes F1 student visa & EAD Card for Deferred Action)" or "Work Authorization with time limits (includes student visas other than F1, H1B visa, TN Visa)". Is my status considered as "Work Authorization with time limits (includes F1 student visa & EAD Card for Deferred Action)"?

      Thank you for your answers!
      Regarding your PhD program, you should be able to be start the program by showing your notice of action. The school will likely make you go through the motions of classifying you first as non-resident for tuition purposes. Know that you can appeal that. There should be a form on the school website. It is usually called "Residency Appeal Form". If you can't find it, stop by the school's financial aid's office and ask for one.

      Best!

      Comment

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