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New I-20 after I-485? Pls help!

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Old May 27th 2004, 3:15 am
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Default New I-20 after I-485? Pls help!

I am going to transfer to another department in the same university this fall. May I ask for a new I-20 to keep my F-1 status? I already submit the I-485 with my husband's I-130 and will have the interview this July.

I haven't informed International student office about my I-485. Is this breaking the law?
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Old May 27th 2004, 4:29 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by laurawl
I am going to transfer to another department in the same university this fall. May I ask for a new I-20 to keep my F-1 status? I already submit the I-485 with my husband's I-130 and will have the interview this July.

I haven't informed International student office about my I-485. Is this breaking the law?
Hi:

There is an old Board of Immigration Appeals case from the mid-70's entitled Matter of Hosseinpour which answered this question -- the BIA held that filing for adjustment based upon a marriage was NOT a violation of non-immigrant F-1 student status.

In that case, Hosseinpour had filed based upon a marraige which subsequently broke up. However, at that time, F-1 status was granted for a time certain rather than "D/S" -- Hosseinpour's time had expired and he had not filed for an extension -- and that is why he ultimately lost his case.
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Old May 27th 2004, 6:57 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by laurawl
I am going to transfer to another department in the same university this fall. May I ask for a new I-20 to keep my F-1 status? I already submit the I-485 with my husband's I-130 and will have the interview this July.

I haven't informed International student office about my I-485. Is this breaking the law?

You don't have to maintain your F-1 status after you apply for AOS, but you can if you want to, by all means. Yes, you can get a new I-20.
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Old May 27th 2004, 8:00 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by Folinskyinla
Hi:

There is an old Board of Immigration Appeals case from the mid-70's entitled Matter of Hosseinpour which answered this question -- the BIA held that filing for adjustment based upon a marriage was NOT a violation of non-immigrant F-1 student status.

In that case, Hosseinpour had filed based upon a marraige which subsequently broke up. However, at that time, F-1 status was granted for a time certain rather than "D/S" -- Hosseinpour's time had expired and he had not filed for an extension -- and that is why he ultimately lost his case.
Hi, Folinskyinla,

Thanks for your information. Could you tell me where I can find the case, Matter of Hosseinpour? I searched in google, but nothing in detail. Thanks again.

And by the way, do you think it is a good idea for me to get a new I-20 before the interview to maintain my F-1 status? because I am going to study and work as a TA in another department in the same school this fall.

Best regards.
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Old May 27th 2004, 8:03 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by LucyMO
You don't have to maintain your F-1 status after you apply for AOS, but you can if you want to, by all means. Yes, you can get a new I-20.
Lucy, thanks for your reply.

Again, do you think my not informing International office of my I-485 submission violating any law?
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Old May 27th 2004, 8:05 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by Folinskyinla
Hi:

There is an old Board of Immigration Appeals case from the mid-70's entitled Matter of Hosseinpour which answered this question -- the BIA held that filing for adjustment based upon a marriage was NOT a violation of non-immigrant F-1 student status.

In that case, Hosseinpour had filed based upon a marraige which subsequently broke up. However, at that time, F-1 status was granted for a time certain rather than "D/S" -- Hosseinpour's time had expired and he had not filed for an extension -- and that is why he ultimately lost his case.
Again, do you think my not informing International office of my I-485 submission violating any law? Thanks.
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Old May 27th 2004, 8:07 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by laurawl
Hi, Folinskyinla,

Thanks for your information. Could you tell me where I can find the case, Matter of Hosseinpour? I searched in google, but nothing in detail. Thanks again.

And by the way, do you think it is a good idea for me to get a new I-20 before the interview to maintain my F-1 status? because I am going to study and work as a TA in another department in the same school this fall.

Best regards.

Hi:

I just took a quick peek into my private westlaw account. I'll give a way to find it publicly -- in PDF format.

Go to the "virtual law library" link at www.usdoj.gov/eoir and click on the "AG/BIA decisions" link [or some such] on the right side. Go to volume 15 in the links on the right -- Hosseinpour is number 2349.
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Old May 28th 2004, 4:42 am
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Default Re: New I-20 after I-485? Pls help!

Originally posted by laurawl
Again, do you think my not informing International office of my I-485 submission violating any law? Thanks.

No, you are just fine.
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