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I am an F1 student in US. Will I be considered out of status for my summer vacation?

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  • I am an F1 student in US. Will I be considered out of status for my summer vacation?

    USCIS says: "An F-1 student at an academic institution is considered to be in status during the annual (or summer) vacation if the student is eligible and intends to register for the next term"(See ยง Sec. 214.2(f)(5)(iii)). I was eligible and intended to register for fall semester when my summer vacation began in May, 2013. I and my spouse filed I-130 and I-485 concurrently and got receipts in August. So I decide now not to enroll for fall 2013. Will I be considered out of status from begining of summer vacation to the time I got 485 receipts in August since I changed my intention and do not actually enroll for fall term? Will my school DSO terminate my record in SEVIS using reason "failure to enroll"( see SEVP about "F and M Student Record Termination Reasons In SEVIS)? Many thanks!

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