M N
Aug 15, 2024
remain f1 after EAD card produced
do you have to remain f1 status after EAD on hand and green card pending?
my attorney last week said we could start working and this week said we need to go back school to maintain f1.
could someone confirm this info?
thanks
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Charlie SCAug 15, 2024
It's up to you if you want to retain F1 status or not. If you don't and green card is denied, you will have to go back immediately.
Charlie SCAug 15, 2024
But their is no obligation to maintain F1 status. Once you use EAD, your F1 will end.
J AAug 15, 2024
i use my EAD instead of maintaining f1
Lawfully UserAug 15, 2024
if you want to maintain f1, keep in mind you'll have to maintain that until you get your GC, which may take a while. Plus you can't use your GC ead during that time, since that would cancel your F1 status. I don't think it's worth it. Just start working and make money at least.
M NAug 15, 2024
thank you all for your response.
i was told i could start working with company that files my paperwork after i got my EAD (which i received last week). just yesterday my attorney said uscis changed policy and somehow they wanted me to go back to school and remain f1. which makes no sense.
M NAug 15, 2024
so, the whole point of remaining f1 seems to be due to a possibility of getting GC rejected, then I can still have f1 to rely on. but if remaining f1 and keep waiting until having GC, ignoring the fact that EAD is already given doesn’t seem to serve the purple of EB3, does it?
Jay TranAug 17, 2024
what's your PD?
taina costaAug 27, 2024
is better stay on F1, because in case any problems happen with your GC applic(i485) you wont be without any status, as you remain with f1. The new policy is that you just have status until you i485 is pending, if i485 is denied from that point on you won’t have other status, so F1 is kind of a backup status in case you i485 is denied or an reapplication is necessary.
I have a friend that keep only with EAD than their i485 was denied, because her lawyer filed before the PD and USCIS denied it, the lawyer realized only 2 months later that they had no status and asked them to return to F1, they had to file a new I20, USCIS sent them RFE asking why they lose their immigration status and many other questions related, they are now trying to return back with F1 status, they sue the old lawyer but this doesn’t mean the USCIS will approve the change of status 😓
