Fatima Hasan
Jun 4, 2023
Regarding starting the job with I-485 pending.
Hi!
My EAD and I-131 has appproved on 05/04/2023 but my I-485 is pending because of immigrant visa unavailability, USCIS pauses the work on my applicatio. My PD is 04/30/2022, Country Bangladesh.
My agency (Seabreeze) says that I need to start my work as soon as possible with the sponsored company.
My question is that:
1. if I start the work and done I-9 for e verify once, and if my I-485 has denied, do I return to the F1 status again?
2. What will be better for me now? To start the work with the employer or maintain F1 status untill GC approval?
Please help me. I am little bit confused regarding my situation.
Thanks in advance
EB3-3
Unskilled worker (requiring less than 2 years of training or experience)
Total Days: 1206 days
Case
2023-01-30
Today
I-485
1206 Days
National Benefits Center: I-485
Timeline Map
2022-04-30
I-485
Added
D-275
Priority date
2023-01-30
I-485
Submission to USCIS
2023-03-03
I-485
D+32
Biometrics, i.e. fingerprint and photo
This timeline was created with the Lawfully App. Download the Lawfully App now.
ADVERTISEMENT
J AJun 4, 2023
I am in the same situation. I believe you will not be able to get back to F1 once you use i-9. Ask your lawyer for technicalities as this is the best advice I can give you.
Xhi YhaoJun 4, 2023
J A is correct...once you use your EAD, your F1 is gone
Any tuition you are still paying is only a worthless sacrifice.
You are either in or out... no in-between.
Again, ask a lawyer for best advice
shiblee 06Jun 4, 2023
what was your service center for ead card ?
J AJun 4, 2023
Looking at your situation your PD is 2022. Your PD is backlogged for 2years, if the fiscal year opens this October my guess would be it would moved by 1 1/2years at most until Oct.2024 based on the demand as only 10k visa will be issued to other workers. So if you do not want to work right now because you want to keep it safe and maintain F1, I think that you will have to enrol three more semesters until the final adjudication of your case. Im looking at it on a different perspective for you to weigh things out.
Xhi YhaoJun 4, 2023
How many semesters are left for you?
Are you going to do OPT/STEM OPT?
Like JA said... you are in for a longride... atbest 2yrs wait time... AT BEST
Use your remaining semesters/OPT as excuse to delay resuming with your employer
I485 is adjudicated on your intention to work with your employer after your GC is approved
As long as you maintain your F1 and do not use your EAD... you are safe
Fatima HasanJun 4, 2023
J A can I have your number?
J AJun 4, 2023
@Fatima Hasan the best number to get is a lawyer not me. We have a different case so my advice is not applicable to your case.
Fatima HasanJun 4, 2023
thank you so much. I am trying to reach him.
nir rajanJun 4, 2023
I’m in same boat, my pd is Sep, 2021 and I already used OPT which is going to finish in august. it’s good to go back to college again or stay in green card ead? my husband is main applicant and I’m secondary for eb3 unskilled. I’m in dilemma so any suggestion will appreciate.
Mk AsifJun 5, 2023
be ready to answer what Naruto 17 said
J AJun 5, 2023
PD is almost close to current so I made a calculated risk to use my EAD instead
Xhi YhaoJun 5, 2023
@Naruto 17 that is why it is always advised to go with a lawyer to your interview
This scenario has played itself over and over again
USCIS adjudicates EB3 visas based on applicant working with employer after GC
If an officer asks for paystub... your lawyer has the appropriate answer for that and will quote the applicable USCIS regulation
Knowledge is power
