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Working on EAD while AoS is pending doesn’t affect F1 status

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  • Working on EAD while AoS is pending doesn’t affect F1 status

    I have seen a lot of advice and opinions circulating all over the forums on this topic. People seemed to have mixed opinions so I wanted to share this here so that people in doubt hopefully find the answer. See my signature for details regarding the AoS. Even though I am currently working full time, I am also going to school full time, so I planned on maintaining my initial F1 status. I contacted my DSO, updated her regarding my AoS and specifically asked if working using the EAD is a violation of the F1 visa hence making it invalid. She replied that no, working on a valid EAD has no negative impact on the F1 status. Some people seemed to argue that if you work while on F1, even with the EAD, the visa will be voided. Well, not the case.

    Just wanted to clear the air for those out there wondering.
    RoC (I-751) Application, filed from Houston TX
    10/24/2021 - USPS delivered the package in AZ
    10/27/2021 - Text from USCIS with receipt number, check cashed. Assigned to the Texas Processing Center

    INITIAL AOS from F-1, married to USC, filed in Seattle WA

    09/24/2018 - Package delivered to PO Box (PD)
    10/22 - Early bio walk-in
    11/15 - New card is being produced (I-765)
    11/26 - EAD combo & SS card
    01/13/2020 - Interview
    01/23/2020 - Case Approved, Card Mailed.

  • #2
    Originally posted by seattle2903 View Post
    I have seen a lot of advice and opinions circulating all over the forums on this topic. People seemed to have mixed opinions so I wanted to share this here so that people in doubt hopefully find the answer. See my signature for details regarding the AoS. Even though I am currently working full time, I am also going to school full time, so I planned on maintaining my initial F1 status. I contacted my DSO, updated her regarding my AoS and specifically asked if working using the EAD is a violation of the F1 visa hence making it invalid. She replied that no, working on a valid EAD has no negative impact on the F1 status. Some people seemed to argue that if you work while on F1, even with the EAD, the visa will be voided. Well, not the case.

    Just wanted to clear the air for those out there wondering.
    Thanks for sharing your experience
    C9 Spouse of USC
    NYC Filer
    04/13/18 - PD
    05/04/18 - Bio notice
    05/23/18 - Bio completed
    09/18/18 - RFIE mailed
    09/22/18 - RFIE Rcv'd
    10/09/18 - Responded to RFIE
    10/10/18 - USCIS Received RFIE
    10/12/18 - Text & email Update from dhs rcv'd response to RFIE
    10/12/18 - Submitted a SR form I-765
    10/25/18 - Case is ready to be scheduled for an interview
    11/14/18 - Submitted 2nd SR for form I-765
    11/26/18 - NOA for I765
    11/30/18 - Rcv'd SS card
    12/06/18 - Rcv'd EAD

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    • #3
      Originally posted by seattle2903 View Post
      I have seen a lot of advice and opinions circulating all over the forums on this topic. People seemed to have mixed opinions so I wanted to share this here so that people in doubt hopefully find the answer. See my signature for details regarding the AoS. Even though I am currently working full time, I am also going to school full time, so I planned on maintaining my initial F1 status. I contacted my DSO, updated her regarding my AoS and specifically asked if working using the EAD is a violation of the F1 visa hence making it invalid. She replied that no, working on a valid EAD has no negative impact on the F1 status. Some people seemed to argue that if you work while on F1, even with the EAD, the visa will be voided. Well, not the case.

      Just wanted to clear the air for those out there wondering.
      If you have valid work authorization along with SSC, you are allowed to work. This I am telling you from 1st hand experience.Your new I-20 will have the name of your employer. That is true for F1 OPT/ OPT extension and in certain specific situations CPT too. Your school’s office of international students wouldn’t have supported you in getting EAD and USCIS wouldn’t have issued EAD card to you without meeting USCIS specified CRITERIA if you weren’t allowed to work. If and when you go for your I-485 AOS submission/GC interview they will ask you all about this.

      Comment


      • #4
        Originally posted by seattle2903 View Post
        I have seen a lot of advice and opinions circulating all over the forums on this topic. People seemed to have mixed opinions so I wanted to share this here so that people in doubt hopefully find the answer. See my signature for details regarding the AoS. Even though I am currently working full time, I am also going to school full time, so I planned on maintaining my initial F1 status. I contacted my DSO, updated her regarding my AoS and specifically asked if working using the EAD is a violation of the F1 visa hence making it invalid. She replied that no, working on a valid EAD has no negative impact on the F1 status. Some people seemed to argue that if you work while on F1, even with the EAD, the visa will be voided. Well, not the case.

        Just wanted to clear the air for those out there wondering.
        Not really sure about that...
        I was on F1-OPT when I applied for AOS.
        When I got my EAD/AP, I updated my university & they said your F-1 OPT is no longer valid.
        at first I thought I have F-1 visa until 2019 & my OPT was expiring anyway so it seem to be legit but I had my own doubts.

        after giving I-485 interview, getting approved, having GC in hand...
        I see my GC issue date is the date I filed my papers 03-30-2018 not the day I got approved (12-04-2018)
        It says I'm permanent resident since 03-30-2018 on Card.
        So it may well make F-1 status invalid since you have a new EAD/AP. It doesn't make any sense to have 2 EAD + when you travel on AP, you show your EAD/AP & passport. Not you F-1 visa to get in or it may be confusing cus as per USCIS records you want to move from F-1 to GC.
        Anyway, I do not know much...
        Thats just my opinion... always carry EAD/AP (if on F-1 don;t take risk, carry I-20's etc) or GC & Passport

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