God has done it !
Apr 25, 2023
EAD on F1 status
Hello, Explain this to me like I am 5, what is the danger of working with your EAD as an F1 student while your I-485 is pending. I have seen some people say they kept their F1 status while the AOS was pending. Does working with your approved EAD take you off F1 status?
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EB3 UNSKILLEDApr 25, 2023
once you use your EAD your F-1 status will be terminated automatically. However you have to have a valid status only when you apply your I-485, after that you can leave the school or start to work it is up to you, also you don’t have to start to work if you leave the school too. People think in the wrong way to keep F-1 status while your I-485 is pending because they say if my I-485 is denied I can apeal or apply again, sorry but this kind of thought makes no sense, if your I-485 is denied there is a reason then automatically your f-1 status will be terminated too, then make no sense keep status after you submit your I-485. I hope I can help your thoughts guys.
cute AApr 25, 2023
@ V O, I have also asked this question, from what I gathered so far, the main concern is about the outcome of the I485 decision (approval or not) now, let me break it further down Firstly, working with F1 EAD based on I-765 on a pending I-485 means that the F1 status have been officially "forfeited" by the student. The word Forfeited here has no negative connotation, just saying that such student is no longer on F1 that way Many believe that the danger in this in the case where the I485 is denied, if that happens, such student will have about 30 days or so to leave the U.S. Hence, people advise F1 students with EAD (from I-765) based on pending I-485 should not use the EAD unless they are sure the decision of the I-485 will be an approval. P.S: I am NOT a lawyer, this is just my thought from the answer I have also got so far on your question.
J
J AApr 25, 2023
Yes it is correct as this would invalidate your student status. The reason you keep your F1 status is to play it safe as you can reapply again in case your AOS gets denied. Now if you really want to work you can apply for a CPT for the meantime.
God has done it !Apr 25, 2023
@EB3 UNSKILLED that’s a very valid point. once your I-485 gets denied, your f-1 status will be terminated. also wondering if you can appeal if I-485 gets denied and can you appeal while you remain in the US?
God has done it !Apr 25, 2023
@J A thank you
God has done it !Apr 25, 2023
@T P thank you for sharing. this is super helpful. from the information you have gathered so far, what are some common reasons why they would deny one’s I-485 through Eb1 or EB2?
EB3 UNSKILLEDApr 25, 2023
@V O appeal for what? sorry but if it is denied because you did something wrong while you were student it is gone
God has done it !Apr 25, 2023
@EB3 UNSKILLED oh I see. so something like working without authorization? how will USCIS find out if you worked without authorization?
EB3 UNSKILLEDApr 25, 2023
@V O exactly, people think if they find out it they will keep their student status, it is bullshit, you are gone anyway, that’s why make no sense keep status after I-485 applied
God has done it !Apr 25, 2023
@EB3 UNSKILLED wow! I see what you mean! thank you for clarifying
God has done it !Apr 25, 2023
@EB3 UNSKILLED I definitely wanted to be sure I could use my EAD to work once approved. now I feel more confident about using it. thanks
M SApr 25, 2023
thanks guys for that conversation. but I really curious about your question @V O how will USCIS find out if you for example worked without authorization? as F1 student you don't have SSN?!
M SApr 25, 2023
also, what the reasons to get I-485 denied?
God has done it !Apr 25, 2023
@Mo Shalan some F1 students have ssn probably from working on campus or CPT. however I don’t know that USCIS can find out that you worked without authorization if you did not indicate that yourself. maybe @EB3 UNSKILLED can shed more light on that.
God has done it !Apr 25, 2023
I am also curious as to the reasons to have your I-485 denied and that’s why I asked @T P but I also think working without authorization, staying beyond your visa expiration date are some popular reasons
J
J AApr 25, 2023
@EB3 UNSKILLED your student status wont be terminated if your i-485 is denied as long as you continue enrolling in school
EB3 UNSKILLEDApr 25, 2023
@J A which example are you taking about? denied for what reason?
J
J AApr 25, 2023
An AOS is not a status but a petition. if you stop going to school because you are on AOS this means you are in the “period of authorized stay” that is the first school of taught. The second school of taught tells that “if” ever your AOS was denied for a reason (inadmissiblity, etc) then you can come back to your previous non immigrant status which is your F1. Now regarding with EAD, you can use it whenever you like the reason why F1 stops going to school is due to the high cost of tuition so it is really up to @V O to use it or not the only question there is will her student status be terminated?yes because students can only work under a CPT or OPT program. This is how my attorney explained it to me as well as my DSO.
God has done it !Apr 25, 2023
@J A that makes sense. any thoughts as to the questions @Mo S has? reasons why your I-475 gets denied and if USCIS can find out whether you worked without authorization or not
cute AApr 25, 2023
@V O reasons for I485 denial varies as there are peculiarities of persons by persons and case by case. There are differnt greencard pathways and reasons for denial may not be the same for everyone. common reasons may be; criminal conviction, immigration violations, if underlying petition is denied, failure to respond to RFE within expected timeframe, etc. this is not an exhaustive list of reasons
J
J AApr 25, 2023
The common reasons for denial are failed medical exam, not attending appointments, petitioner withdraws perition, inadmissibility, previous visa vioations, etc. Well they will find out through paper trail(pay slip), social media, reported by somebody,etc. Why would you even work without authorization? you are given an avenue to work using CPT or OPT. It is not worth it to work without authorization because this will make you inadmissible.
Tiffany YApr 26, 2023
sorry to ask at here. I actually submitted a EAD request base on other circumstances. I also have a valid F1 visa. I want to keep my F1 status. After reading the conversations, I am scared my F1 status will be terminated. What should I do?
God has done it !Apr 26, 2023
According to what everyone has said, if you use your EAD from Adjustment of status, your F1 gets terminated. however EAD from other circumstances like OPT does not terminate F1 status.
God has done it !Apr 26, 2023
thanks @J A & @T P for enlightening us

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