Question about Adjustment of Status while being F1 Student

[hgdangkhoi]

Hi guys,

First time I'm posting here. I am looking for anyone in the same situation as me, or anyone has any experiences. Any helps are greatly appreciated!

I'm currently an F1 student, I have a pending F2B application from my mother, my priority date is Feb 14, 2014. On September 18th, 2018, I applied for I-485 adjustment of status, along with I-765 using the Dates for Filing Family-Sponsored table, as indicated in September 2018 on uscis website. Here are my timeline:

09/18/2018 - Fingerprint fee receipt
10/12/2018 - Fingerprint are completed.
4/26/2019 - New card is being produced - I-765 Yay!

So I have some questions, based on what I understand:

- I still have to wait until the table FINAL ACTION DATES for F2B to reach Feb 2014 so that I can start to hope to get a green card???
- By using the EAD that I applied above, will I still be in F1 status? Will I violate F1 status or do I have to keep being F1?
- If I use the EAD card and violate F1, will I still be eligible to continue to stay in the US until I receive my green card? What would my status be and if for some reason I'm asked by a officer, what proof can I use to prove my status?

I'm happy that I will receive the EAD card soon, but I'm afraid using it will violate my status and get deported. Anyone had experienced the same situation please let me know.

Thanks!

[Enub4]

- I still have to wait until the table FINAL ACTION DATES for F2B to reach Feb 2014 so that I can start to hope to get a green card???

Yes, you may have an interview before that and they will say they can't approve your GC until FAD is current for you. Or you can have an interview when the FAD is current for your case and they can approve on the spot. Either way, the FAD needs to be current for your case (visa available) so they can issue a GC.

- By using the EAD that I applied above, will I still be in F1 status? Will I violate F1 status or do I have to keep being F1?

If you use EAD (is it AP too?) then you will no longer be considered as F1 status. If you plan to use EAD card is better to inform your school to close your F1 status and bring copies of EAD card and NOA for I-485.

- If I use the EAD card and violate F1, will I still be eligible to continue to stay in the US until I receive my green card? What would my status be and if for some reason I'm asked by a officer, what proof can I use to prove my status?

Yes, you don't have to keep F1 status to stay legal in USA. You will not have a status but with EAD you have proof that you can stay and work, also the I-485 NOA is your proof that your AOS to LPR is pending.

No personal experience, just reading immigration documents and forums.

[celosia89]

Hi guys,

First time I'm posting here. I am looking for anyone in the same situation as me, or anyone has any experiences. Any helps are greatly appreciated!

I'm currently an F1 student, I have a pending F2B application from my mother, my priority date is Feb 14, 2014. On September 18th, 2018, I applied for I-485 adjustment of status, along with I-765 using the Dates for Filing Family-Sponsored table, as indicated in September 2018 on uscis website. Here are my timeline:

09/18/2018 - Fingerprint fee receipt
10/12/2018 - Fingerprint are completed.
4/26/2019 - New card is being produced - I-765 Yay!

So I have some questions, based on what I understand:

- I still have to wait until the table FINAL ACTION DATES for F2B to reach Feb 2014 so that I can start to hope to get a green card???
- By using the EAD that I applied above, will I still be in F1 status? Will I violate F1 status or do I have to keep being F1?
- If I use the EAD card and violate F1, will I still be eligible to continue to stay in the US until I receive my green card? What would my status be and if for some reason I'm asked by a officer, what proof can I use to prove my status?

I'm happy that I will receive the EAD card soon, but I'm afraid using it will violate my status and get deported. Anyone had experienced the same situation please let me know.

Thanks!

- I still have to wait until the table FINAL ACTION DATES for F2B to reach Feb 2014 so that I can start to hope to get a green card???
I don't know about that, maybe it earlier. You have near the same PD with me, I'm F2B, my case status just changed 2 days ago to ready to schedule for interview. However, I need EAD more than interview ^_^

- By using the EAD that I applied above, will I still be in F1 status? Will I violate F1 status or do I have to keep being F1? Whenever, you studied full time at school, you still at F1 visa. I ask my school Houston Community College, they told me so. If I dropped class and didn't register classes, so my F1 no longer valid, but we are still legal present in US because we have I-485 pending

- If I use the EAD card and violate F1, will I still be eligible to continue to stay in the US until I receive my green card? What would my status be and if for some reason I'm asked by a officer, what proof can I use to prove my status? You can use i-485 notice of action + EAD card to prove it

Can I ask you question? My fingerprint doesn't clear, I did 2 times, but the officer still said they unclear. I don't know it will make EAD process lately or not, so after biometric, what is your status of i-485 and i-765?

[hgdangkhoi]

Can I ask you question? My fingerprint doesn't clear, I did 2 times, but the officer still said they unclear. I don't know it will make EAD process lately or not, so after biometric, what is your status of i-485 and i-765?

after biometrics, the status of my I-485 and I-765 just say "fingerprint review complete. We are working on your case"

[hgdangkhoi]

Yes, you don't have to keep F1 status to stay legal in USA. You will not have a status but with EAD you have proof that you can stay and work, also the I-485 NOA is your proof that your AOS to LPR is pending.

No personal experience, just reading immigration documents and forums.

Hey Enub4, thank you for the answer. I just want to ask if in some extreme case that my I-485 got denied for some unknown reason, my EAD would be void, and because I'm not longer in F1 status, I have no other choice but to leave the country right?

[Enub4]

Hey Enub4, thank you for the answer. I just want to ask if in some extreme case that my I-485 got denied for some unknown reason, my EAD would be void, and because I'm not longer in F1 status, I have no other choice but to leave the country right?

I don't know much about that situation but I think that's right. Because you are no longer F1 if they deny I-485, you can't go back to that F1.

I think that to keep your F1 you must not use your EAD/AP to travel or work outside what is authorized by your F1. I don't know if you can get an OPT EAD if you already have an AOS EAD.