From F-1 to GC: can I work after Graduation?

[nsmir001]

Good morning everyone.

I hope I will be able to get an answer from someone who has been a similar situation or maybe knows more about the process than I do.

I am currently changing status from F-1 to GC holder based on marriage. I started the process during my last semester at school and I am about to graduate in May.
Yesterday I received my new SSN and expecting to receive the EAD card in a couple of day as well, because my I-765 form was approved by USCIS based on the change of status.

However, my school international advisers do not recommend to work after graduation with my EAD card, because it will be a violation of F-1 status. They also concern if the time lag between my graduation and PR approval (after 60 days) can be considered an unlawful presence.

My GC interview is schedule on May 6th, however, if I do not get approved on the spot, I would like to start working and make sure I do not violate my current status.

Has anyone experienced anything similar or maybe has an idea of what to do?

Thank you so much for your help!

[Enub4]

As soon as you know you are going to work with EAD or when you get your GC you should contact your school so they can properly close your F1 status and report it to SEVIS.

In fact, I think you can ask them to close your F1 now. With the EAD you are authorized to work, just not under F1, so is better to properly close F1 before you start working.

Is strange that the school say that you will violate F1 status or that you could be considered an unlawful presence if you are in AOS and you have EAD card. I expected all authorized schools to know the process from F1 to GC.

[newacct]

Good morning everyone.

I hope I will be able to get an answer from someone who has been a similar situation or maybe knows more about the process than I do.

I am currently changing status from F-1 to GC holder based on marriage. I started the process during my last semester at school and I am about to graduate in May.
Yesterday I received my new SSN and expecting to receive the EAD card in a couple of day as well, because my I-765 form was approved by USCIS based on the change of status.

However, my school international advisers do not recommend to work after graduation with my EAD card, because it will be a violation of F-1 status. They also concern if the time lag between my graduation and PR approval (after 60 days) can be considered an unlawful presence.

My GC interview is schedule on May 6th, however, if I do not get approved on the spot, I would like to start working and make sure I do not violate my current status.

Has anyone experienced anything similar or maybe has an idea of what to do?

Thank you so much for your help!

It is true that working will be a violation of F1 status. But violation of F1 status isn't a big deal at all; it's quite normal for people to go out of status during AOS. You can stay in the US while your I-485 is pending regardless of whether you have status or not. There is no reason why you should avoid using EAD to work, unless you somehow think that your AOS will be denied.

You do not accrue "unlawful presence" while I-485 is pending.

[Enub4]

Thank you newacct for clearing things up.

Do you think is possible to tell the school to close the F1 because OP is in AOS? My guess is that the school is trying to be extra careful about the violations, I guess because they need to report the violation and maybe they want to have a 'clean record'.

[bettym]

Thank you newacct for clearing things up.

Do you think is possible to tell the school to close the F1 because OP is in AOS? My guess is that the school is trying to be extra careful about the violations, I guess because they need to report the violation and maybe they want to have a 'clean record'.

I was in the same situation. As soon as I got my EAD card, I let school know and they changed my status. As long as you have EAD to work and travel there's nothing to worry about.

[nsmir001]

I was in the same situation. As soon as I got my EAD card, I let school know and they changed my status. As long as you have EAD to work and travel there's nothing to worry about.

What do you mean by changing the status?

[bettym]

What do you mean by changing the status?

I meant I stopped being an F1 when I got EAD. I received it in April, and informed international student office, then finished school in May. I already had a job offer as well so I started working in July with no problem.