Faisal Bhuiyan
Dec 6, 2021
EB3 work authorization for F1 status
Hi All,
My AOS is pending under EB3. Couple of months ago I have received GC EAD.
However, I am taking master degree classes on F1 status.
My question is, if I use my GC ead from next month with my employer to work, will my F1 status get terminated?
I’d love to continue both ( work and study ) if there is not issue.
Please advise :)
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Su SkDec 6, 2021
The day you use your GC EAD your F1 status is terminated. but you can keep studying and working both while under AOS. that's no problem. Also you don't have the 20 hrs and on campus job only restriction either. The only problem I can think of is if your GC application gets denied then you will be in removal proceedings.
Realler BoatDec 6, 2021
I agree with Su Sk. So if u r very confident that u will be approved GC go ahead and use iys EAD
Eda EdaDec 6, 2021
f1 status doesn’t get terminated by itself even if you use your ead card. we received our ead card while my husband was getting his master degree. he wanted to finish his studies like you. so he maintained his i2o until he finished master degree. at the same time work with ead. so as long as you talk to your advisor that you want to maintain your i20, that shouldn’t be problem.
Eda EdaDec 6, 2021
by the way we traveled internationally and we were asked if we still maintain our i20 while having ead with us by the border
Faisal BhuiyanDec 6, 2021
@su sk - thanks for ur input.
@eda - I heard back from a lawyer he said almost the same thing as u said
Faisal BhuiyanDec 6, 2021
@eda - have your husband received the GC yet or any questions were asked in the interview or received RFE regarding this ? thanks!
Mai DumiDec 6, 2021
Hi Faisai Bhuiyan. I am in the same situation. I just got my EAD approved. And I'm an F1 student finishing my bachelor's degree. My AOS is still pending. I will be going to work starting January and use my EAD. But my F1 status won't be valid anymore. I will still be able to finish college doing online or in seat classes depending on the pressure of my new job. And work at the same time. But if GC gets denied, I won't have an immigration status to fall back to. With GC EAD you can work and finish college but just lose Student F1 status. It's hard to go back to F1 status after denial of GC as they will say you have intent to stay and not intent to study. So it's up to you to make that choice. If you're sure your GC will be approved, go to work. But otherwise just wait. In my case, fees is becoming a burden, so I'm going to work. Good luck.
Eda EdaDec 6, 2021
we didn’t receive our gc yet.
