Sophy Joseph
Jun 1, 2022
Can my son work in the USA after i file a green card for him?
I’m currently waiting for my green card after my daughter applied for I-485 for me and since my son is 20years old already we are worried he’s going to age out..so is it possible for him to work in the USA as he’s currently here on a student visa after I apply for him?
Any replies would be greatly appreciated
thanks 😊
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Super WorrierJun 1, 2022
he can apply for either CPT or OPT and OPT extension depending on where he is in his graduation. he can work while he’s a student being on CPT and he can work after graduation for 3 years on OPT (will need to apply for EAD) and you can apply for EAD based on i485 and until that’s approved he can work and he can work after the i485 based EAD is approved. i don’t see a problem or gap in his employment because of not having a green card.
Sophy JosephJun 1, 2022
thanks for your reply..will he be able to work with ead while along with his studies?
Super WorrierJun 1, 2022
if he’s studying then he can work on campus without needing an EAD. if he works outside(must be in his area of study) then he will need CPT and he won’t need EAD at that point either. after he’s graduated then he will need OPT EAD if his green card EAD is still in process
Sophy JosephJun 1, 2022
ohk got it…I have one more question since it’s so expensive to study on f1 visa(he’s just started his Course for nursing)what happens if he works with his I-485 ead card I heard it abandons the f1 status and then he can start studying on his aos status.I hope this question is clear
thanks
Super WorrierJun 1, 2022
if his i485 is pending and he receives his EAD based on i485 then his student visa is automatically abandoned. he will be treated as if he is a resident as there aren’t that many restrictions on i485 and it’s EAD(c(9)).
sounds like your son is in a good spot to me.
Super WorrierJun 1, 2022
if he is in the US then i485 and EAD is more than enough and doesn’t need a visa anymore hence it’s abandoned. if he needs to travel he can travel in advance parole.
Sophy JosephJun 1, 2022
oh ok that explains everything thanks for your help and God bless you
