F1 to AOS

[sachinsharma79]

Priority Date - EB2, India , Dec 2008

My wife and I filed our AOS, EAD and AP in January 2012, and received our EAD and AP combo in March 2012. I was on H1 where as my wife was on F1 visa, when we filed our AOS. Now my wife got an email from her college International students office that since she took 8 credits each in Fall 2011 and Spring 2012, she is going to be consider as part time student as well as out of status, unless she can prove that due to sickness she could not complete required 9 credits. She has skipped this semester due to sickness and for this semester, she has the approval from her college and International office to skip the whole semester.

Now we are not sure whether it can affect her Green Card application and what steps can we take to avoid any problem in future. Should she use EAD in future so that she does not need to worry about maintaining her F1 status?

Thank you in advance,

[Belle]

She should not care about her F1 status going forward. What matters is whether she was in status when she filed I-485, and it appears that she was.

[pontevecchio]

She needs to speak up and tell the DSO that she is awaiting AOS and hence is not out of status.

[JoeF]

If this happened after she filed her I-485, she is legal. SHe can just show the university the receipt notice. She doesn't need to be on F1 to study. Somebody with a pending I-485 can study just fine, and doesn't need to follow the F1 rules anymore.