J C
Aug 30, 2023
Use EAD while pending I-485
I’m still on my F1 status and recently I got my EAD and AP approval. If I use the EAD, does it terminate my non-immigrant status? Or can I terminate before utilize the EAD? I emailed my DSO and they said I’m allowed to work off-campus and “However, there is nothing for you to update with us yet. Not until your U.S. EB-3 green card case is approved by USCIS. Until then, please do your best to continue maintaining your active F-1 status.” This kind made me confused about whether I need to maintain F1 status
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LM FAug 30, 2023
I’m in a same boat as you and still confused up to now. I consulted this concern to my lawyer but he said using the EAD wont affect my F1 as long as I enrolled. I also asked the school staff, she told me the same. However I’ve read a lot of articles and comments that using EAD will terminate your F1. Here’s one example. https://anwarilaw.com/immigration-services/green-cards/adjustments-of-status/employment-authorization-document/ead-pending-485-status/#:~:text=A%20person%20who%20has%20filed,lose%20valid%20non%2Dimmigrant%20status.
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J AAug 30, 2023
Im also in the same boat and I used my EAD because continuing my F1 would be expensive due to retrogression
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LM FAug 30, 2023
@J A Are you still enrolled? My I-20 will expire on September 30th. My lawyer advised me to stop going to school if I’m comfortable.
ChristinMe 003Aug 30, 2023
@J C when you use your GC based EAD, you loose your F1 status. you will still attend college but you will be in gray area status. should your GC gets denied you will have to leave the country because you will at that point have no status. it is usually advise to maintain your initial status until GC approval. However, if you have no choice (desperately need to work or travel), and you are willing to take the risk, then you should use it.
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J AAug 30, 2023
I decided not to enrol anymore as my lawyer told me. Im working now for my employer as I got my EAD
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J AAug 30, 2023
I made a calculated risk because continuing my F1 would be costly on my part and since I already used my EAD I am not in F1 anymore. Second, I was waiting for my i-485 to be pending for 6months should any problem arise from being fired by my employer so I can port in case something happens along the way. Lastly, I cannot predict the visa bulletin as there is a backlog of 2yrs. If I wait for that time I am loosing money at the same time the potential of having already an income as an RN.
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LM FAug 30, 2023
I made the same decisions as @J A. I still have until end of September to wait my GC anyway 🤞🏻
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AH NioAug 30, 2023
I asked my lawyer. They suggested to use EAD that will terminate my F1 status. However, they asked me to remain in same endevour as I propose in NIW petition.
j aAug 30, 2023
the gave the best advice. you can work if your I-140 is approved. to be on a safer side, register for the exact credits you need to keep you in the student status
ChristinMe 003Aug 30, 2023
@j a careful of the advice you give, if he uses his EAD, he has no status, but will be able to go to school. F1 status will be jeopardized.
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MJ BAug 30, 2023
hi @J C and @LM F I’m in the same position but I checked with my lawyer once you use your EAD for a pending status case you lose your F-1 status and you can’t switch between non-immigrant status to Immigrant status. so the moment you used your EAD your F-1 is gone.
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LM FAug 31, 2023
@MJ B thanks for this info! I don’t understand why other lawyers have different interpretations on this matter.
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MJ BAug 31, 2023
@LM F yeah because it’s a bit confusing. but I checked and I am back with my employer and my school confirmed that my F-1 is no longer valid. best of luck 🤞
J CSep 1, 2023
@MJ B Thank you!
Jaccin ALEXANDRESep 11, 2023
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