My F-1 wife, can she still work on campus?
Sep 24th 2001, 11:21 pm
#1
Guest
Posts: n/a
Hello group,
We're almost there! Thanks for all your help on this newsgroup. Only a few more
questions I would like to ask.
BACKGROUND: My wife is an F-1 student (I'm a US citizen), she intends to drop all her
classes after all proper ducuments are filed (including a working permit). As a
student, she's been working ON CAMPUS part-time for over 4 years.
QUESTIONS: If she quit school now and waiting for a working permit, does she have to
quit her ON CAMPUS job immediately? Can she keeps working there until she receives
her actual working permit card? If she keeps working there, will the INS void her
greencard application, send her home...etc.? (all thos terrible things I could
immagine :-0)
Please advise us. She really wants to keep her On Campus job (in a quiet...Library)
Best Regards,
-Mr.T
We're almost there! Thanks for all your help on this newsgroup. Only a few more
questions I would like to ask.
BACKGROUND: My wife is an F-1 student (I'm a US citizen), she intends to drop all her
classes after all proper ducuments are filed (including a working permit). As a
student, she's been working ON CAMPUS part-time for over 4 years.
QUESTIONS: If she quit school now and waiting for a working permit, does she have to
quit her ON CAMPUS job immediately? Can she keeps working there until she receives
her actual working permit card? If she keeps working there, will the INS void her
greencard application, send her home...etc.? (all thos terrible things I could
immagine :-0)
Please advise us. She really wants to keep her On Campus job (in a quiet...Library)
Best Regards,
-Mr.T
Sep 24th 2001, 11:57 pm
#2
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"Agent T." wrote:
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Is she quitting school just to get married?? I don't understand why she would start
the semester and then quit.
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Is she quitting school just to get married?? I don't understand why she would start
the semester and then quit.
Sep 25th 2001, 11:07 am
#3
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Technically she has to quit immediately since she's no longer in F-1 status and
doesn't have an EAD. In practice many people take the attitude of "don't ask,
don't tell".
Andy.
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I'm not really here - it's just your warped imagination.
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doesn't have an EAD. In practice many people take the attitude of "don't ask,
don't tell".
Andy.
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I'm not really here - it's just your warped imagination.
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Sep 25th 2001, 4:18 pm
#4
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Andy Platt wrote:
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Doesn't F-1 status still stay valid for a period of time when you are out of school??
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Doesn't F-1 status still stay valid for a period of time when you are out of school??
Sep 25th 2001, 4:24 pm
#5
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Not if you file an I-485.
Andy
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I'm not really here - it's just your warped imagination.
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Technically she has to quit immediately since she's no longer in F-1[/usenetquote2]
status
[usenetquote2]> > and doesn't have an EAD. In practice many people take the attitude of[/usenetquote2]
"don't
[usenetquote2]> > ask, don't tell".[/usenetquote2]
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Andy
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I'm not really here - it's just your warped imagination.
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Technically she has to quit immediately since she's no longer in F-1[/usenetquote2]
status
[usenetquote2]> > and doesn't have an EAD. In practice many people take the attitude of[/usenetquote2]
"don't
[usenetquote2]> > ask, don't tell".[/usenetquote2]
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Sep 25th 2001, 5:08 pm
#6
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Not if you file an I-485.
It is not true! She can still keep her F-1 status. Her F-1 status becomes void only
if she uses her EAD (based on I485) or leaves and comes back to US with AP.
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It is not true! She can still keep her F-1 status. Her F-1 status becomes void only
if she uses her EAD (based on I485) or leaves and comes back to US with AP.
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Sep 25th 2001, 5:50 pm
#7
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This person is quitting school - she is not in F-1 status!
Additionally, there are currently only two non-immigrant categories which are classed
as dual-intent: H-1B and L-1 (plus their dependent visa categories). These are the
only two which can be maintained once you have filed for adjustment of status.
According to an interim ruling published in 1999
(http://www.shusterman.com/hl-99regs.html) the INS was considering (two years ago!)
extending this to F-1 and other non-immigrant categories but haven't yet done so. In
the meanwhile, when you file the adjustment of status paperwork, your status becomes
pending permanent resident.
Andy.
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I'm not really here - it's just your warped imagination.
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Additionally, there are currently only two non-immigrant categories which are classed
as dual-intent: H-1B and L-1 (plus their dependent visa categories). These are the
only two which can be maintained once you have filed for adjustment of status.
According to an interim ruling published in 1999
(http://www.shusterman.com/hl-99regs.html) the INS was considering (two years ago!)
extending this to F-1 and other non-immigrant categories but haven't yet done so. In
the meanwhile, when you file the adjustment of status paperwork, your status becomes
pending permanent resident.
Andy.
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I'm not really here - it's just your warped imagination.
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Sep 25th 2001, 9:01 pm
#8
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"Agent T." wrote:
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I would say yes, she would have to quit working. If she is not enrolled full-time,
she is not maintaining F-1 status, she cannot claim to hold valid F-1 status, and she
does not possess the employment privieges of F-1 status.
When her EAD is approved, she would then be eligible to be employed legally.
Can she keeps working there
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In my opinion, if she maintains valid F-1 status by going to school, she may continue
the employment authorization privileges of F-1 status. I do not view the filing of
Form I-485 as the legal termination of F-1 status. For example, her I-9 documents
remain valid if she maintains F-1 status.
Obviously, INS will not grant any F-1-based immigration benefit which is sought after
the filing of Form I-485, like F-1 OPT, because of the intent problem.
If she keeps
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She would probably be granted permanent resident status anyway, even if she worked
unauthorized for awhile. But it is not a good idea to violate the law on purpose.
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I would say yes, she would have to quit working. If she is not enrolled full-time,
she is not maintaining F-1 status, she cannot claim to hold valid F-1 status, and she
does not possess the employment privieges of F-1 status.
When her EAD is approved, she would then be eligible to be employed legally.
Can she keeps working there
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In my opinion, if she maintains valid F-1 status by going to school, she may continue
the employment authorization privileges of F-1 status. I do not view the filing of
Form I-485 as the legal termination of F-1 status. For example, her I-9 documents
remain valid if she maintains F-1 status.
Obviously, INS will not grant any F-1-based immigration benefit which is sought after
the filing of Form I-485, like F-1 OPT, because of the intent problem.
If she keeps
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She would probably be granted permanent resident status anyway, even if she worked
unauthorized for awhile. But it is not a good idea to violate the law on purpose.
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Sep 25th 2001, 11:54 pm
#9
Guest
Posts: n/a
Thank you so much for every response. So, I would think that it's illegal for her to
work on campus after filing paperworks.
If we take the advantage of "don't ask, don't tell" until she receives her working
permit. Will INS void our applications if they find out later and maybe send her back
home for illegally work?
The reason why she enrolled right now because in the application we put her status as
F-1 and to maintain that, she has to be enrolled. But after we filed or submitted
paperworks in person, then I was thinking that she's safe and can quit school.
Oh...I'm so silly. I don't know what to do now. Just to be safe, should I ask her to
quit her job immediately? She just loves working there so much.
Thanks for all advices, we really appreciate every response to the post.
-Mr.T
work on campus after filing paperworks.
If we take the advantage of "don't ask, don't tell" until she receives her working
permit. Will INS void our applications if they find out later and maybe send her back
home for illegally work?
The reason why she enrolled right now because in the application we put her status as
F-1 and to maintain that, she has to be enrolled. But after we filed or submitted
paperworks in person, then I was thinking that she's safe and can quit school.
Oh...I'm so silly. I don't know what to do now. Just to be safe, should I ask her to
quit her job immediately? She just loves working there so much.
Thanks for all advices, we really appreciate every response to the post.
-Mr.T
Sep 25th 2001, 11:58 pm
#10
Guest
Posts: n/a
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Hi Michael,
My wife wants to quit school because she wants to use the tuition money for our
little honeymoon trip. I know it sounds silly but I think it's a girl thing. But
we would definitely do anything for our future -together- though. Just seeking for
options right now
Thank you for your advice.
-Mr.T
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Hi Michael,
My wife wants to quit school because she wants to use the tuition money for our
little honeymoon trip. I know it sounds silly but I think it's a girl thing. But
we would definitely do anything for our future -together- though. Just seeking for
options right now
Thank you for your advice.-Mr.T
Sep 26th 2001, 12:04 am
#11
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You need prozac NOW; after the marriage, your wife will need it.
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If she has been reading your nervous posts, I wonder what she might do ? Keep the job
and marry someone else ?
<snip>
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If she has been reading your nervous posts, I wonder what she might do ? Keep the job
and marry someone else ?
Sep 26th 2001, 12:51 am
#12
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"Agent T." wrote:
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But, if she wasn't enrolled at the time you filed it, it would NOT have mattered.
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But, if she wasn't enrolled at the time you filed it, it would NOT have mattered.
Sep 26th 2001, 12:54 am
#13
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Posts: n/a
"Agent T." wrote:
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[usenetquote2]> > Is she quitting school just to get married?? I don't understand why she would[/usenetquote2]
[usenetquote2]> > start the semester and then quit.[/usenetquote2]
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The silly part was starting the semester than quitting. You would have had more money
if she didn't start the semester and it would not have mattered one bit to INS if she
wasn't in school when you filed the AOS. The F-1 is valid for a while if you are out
of school. If she didn't go to school and then you filed AOS, she would not have been
out of status. The F-1 status would have been lost by filing AOS, but not simply by
not attending school for a few weeks/months.
Michael
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[usenetquote2]> > Is she quitting school just to get married?? I don't understand why she would[/usenetquote2]
[usenetquote2]> > start the semester and then quit.[/usenetquote2]
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The silly part was starting the semester than quitting. You would have had more money
if she didn't start the semester and it would not have mattered one bit to INS if she
wasn't in school when you filed the AOS. The F-1 is valid for a while if you are out
of school. If she didn't go to school and then you filed AOS, she would not have been
out of status. The F-1 status would have been lost by filing AOS, but not simply by
not attending school for a few weeks/months.
Michael
