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View Full Version : Going back to school on AOS/EAD after layoff from job


jinglebell
12-20-2008, 12:31 AM
All,

I need to request your advice and clarification on my current situation.

I have been on H1-B status since 2004. I was recently laid off from my job. My official last date with my current employer is 31st Dec 08.

I'm on AOS (I-485 applied) and have EAD and AP documents as a dependent of my spouse through my spouse's employer. My spouse is still employed and will continue to remain on H1-B status.

I would like to go back to school full-time starting in Jun 2009. Is there anything I should do now to change my immigration status before I am eligible to join school? Can I go to school full-time on my AOS alone?

My understanding is that I cannot apply for F1 status since I've already applied for I-485 as a dependent of my spouse. Please note that I don't have H4 status now (since I am in H1-B)

Also, can I stay at home from now till Jun 09 on my AOS only, even though my H1-B status will expire after I lose my job end of this month?

Your help and insight is very much appreciated. Thanks very much.

pmat
12-20-2008, 11:58 AM
You may consult a lawyer but I don't see any issues here. You have already applied I485 which puts you in AOS status. You don't need to do anything to change from H1 to AOS (it is automatic). You are a dependent so it won't jeopardize the GC application too.

Also, there is no need to switch to F1. AOS is a valid status and can be used to study full-time.

All the best.

thepaew
12-21-2008, 12:12 PM
It is not simple. You need to show intent and ability to work permanently in the job-function described in your LC when your AOS is up for adjudication. If you go to school full-time in another field, you may not be able to show intent.

I know you can stay unemployed on AOS, and you can go to school on a part-time basis on AOS, but going to school full-time is questionable. Check with a lawyer to determine how it would affect your AOS application.

Good Luck

All,

I need to request your advice and clarification on my current situation.

I have been on H1-B status since 2004. I was recently laid off from my job. My official last date with my current employer is 31st Dec 08.

I'm on AOS (I-485 applied) and have EAD and AP documents as a dependent of my spouse through my spouse's employer. My spouse is still employed and will continue to remain on H1-B status.

I would like to go back to school full-time starting in Jun 2009. Is there anything I should do now to change my immigration status before I am eligible to join school? Can I go to school full-time on my AOS alone?

My understanding is that I cannot apply for F1 status since I've already applied for I-485 as a dependent of my spouse. Please note that I don't have H4 status now (since I am in H1-B)

Also, can I stay at home from now till Jun 09 on my AOS only, even though my H1-B status will expire after I lose my job end of this month?

Your help and insight is very much appreciated. Thanks very much.

DSLStart
12-21-2008, 12:47 PM
He/she is not primary applicant, but is dependent. So no question o f intent or ability to work permanently. Free to do anything (legal ;-) )
It is not simple. You need to show intent and ability to work permanently in the job-function described in your LC when your AOS is up for adjudication. If you go to school full-time in another field, you may not be able to show intent.

I know you can stay unemployed on AOS, and you can go to school on a part-time basis on AOS, but going to school full-time is questionable. Check with a lawyer to determine how it would affect your AOS application.

Good Luck

cdeneo
12-21-2008, 10:32 PM
You are free to do anything as long as you are the dependent and the primary I-485 applicant maintains their status.

All,

I need to request your advice and clarification on my current situation.

I have been on H1-B status since 2004. I was recently laid off from my job. My official last date with my current employer is 31st Dec 08.

I'm on AOS (I-485 applied) and have EAD and AP documents as a dependent of my spouse through my spouse's employer. My spouse is still employed and will continue to remain on H1-B status.

I would like to go back to school full-time starting in Jun 2009. Is there anything I should do now to change my immigration status before I am eligible to join school? Can I go to school full-time on my AOS alone?

My understanding is that I cannot apply for F1 status since I've already applied for I-485 as a dependent of my spouse. Please note that I don't have H4 status now (since I am in H1-B)

Also, can I stay at home from now till Jun 09 on my AOS only, even though my H1-B status will expire after I lose my job end of this month?

Your help and insight is very much appreciated. Thanks very much.

thepaew
12-22-2008, 10:45 AM
My mistake - I thought that the questioner was the primary applicant. There should be no issues.

QUOTE=DSLStart;307045]He/she is not primary applicant, but is dependent. So no question o f intent or ability to work permanently. Free to do anything (legal ;-) )[/QUOTE]