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AOS Pending and wife on F1. When can she stop going to school?

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  • AOS Pending and wife on F1. When can she stop going to school?

    Hello,

    I have applied for EB1-A visa and it was approved. We have entered the AOS (my wife, son and I) and we have already done the biometrics.

    Her I-20 is expiring in June and the school wants to renew it now in may, so we are not sure if she can stop school or if she needs to wait our cards (EAD + AP).

    Does anybody have some information regarding this?

    Thank you

  • #2
    Originally posted by sh2018 View Post
    Hello,

    I have applied for EB1-A visa and it was approved. We have entered the AOS (my wife, son and I) and we have already done the biometrics.

    Her I-20 is expiring in June and the school wants to renew it now in may, so we are not sure if she can stop school or if she needs to wait our cards (EAD + AP).

    Does anybody have some information regarding this?

    Thank you
    She can stop going to school if she wants. She will go out of status but as she has a pending AOS, she can stay in the US regardless of whether she has status. But if for some reason her AOS gets denied then she will have to leave if she doesn't have status.

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

    Comment


    • #3
      What if it AOS gets denied

      Originally posted by newacct View Post
      She can stop going to school if she wants. She will go out of status but as she has a pending AOS, she can stay in the US regardless of whether she has status. But if for some reason her AOS gets denied then she will have to leave if she doesn't have status.
      Thank you for your answer.
      I have another question.

      Her F1 visa is valid until may 2020. If she stops going to school, her i-20 will expire and If the AOS gets denied, can she enroll back in the school and keep her F1 status?

      Thank you

      Comment

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