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status of EAD to F1

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  • status of EAD to F1

    I am dependent of spouse in the US. We have filed petition for green card, and pending 485 approval. I have an EAD. The purpose of this forum is to seek any suggestion on the following:
    1. I have an undergraduate degree and I want to do Masters or PhD degree, and if I get admitted to a school will I be on F1 (student visa) or will it be based on my EAD? The EAD needs to be renewed periodically (every 1-2 years).

  • #2
    You are not going to be able to go into F1 status since you are immigrating. You can study just as is, with I-485 pending. EAD is employment authorization and is not relevant.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I-485 pending- and

      Originally posted by newacct View Post
      You are not going to be able to go into F1 status since you are immigrating. You can study just as is, with I-485 pending. EAD is employment authorization and is not relevant.
      Thank you very much for the feedback. So if I understand correctly, as the I-485 is pending (adjustment of status) there is no need and no option to go through the F1 visa. Hope everything will goes well and the status is approved. God forbid, nothing wrong will happen, but I couldn't control this fear in the mind hence would like to get some feedback. Once I get admitted to a course (based on my I-485 pending), and midway through the course if my spouse and I are separated (which means as a dependent my I-485 may be nullified and become invalid), then is there an option to continue and complete my studies?

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      • #4
        Originally posted by gsks View Post
        Thank you very much for the feedback. So if I understand correctly, as the I-485 is pending (adjustment of status) there is no need and no option to go through the F1 visa. Hope everything will goes well and the status is approved. God forbid, nothing wrong will happen, but I couldn't control this fear in the mind hence would like to get some feedback. Once I get admitted to a course (based on my I-485 pending), and midway through the course if my spouse and I are separated (which means as a dependent my I-485 may be nullified and become invalid), then is there an option to continue and complete my studies?
        If you were previously on F-1 you could continue on F-1 if you stayed in status all through AOS even if the AOS fell through due to divorce. It is very hard however get a F-1 visa ( non immigrant) after showing immigrant intent (i-1485).

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