Do I need to apply for EAD/AP with my AOS?

[danjohnson]

Hi all,

I am on F1 status and it is valid untill mid 2021 and planning to apply for I-485 AOS (EB2-NIW ROW). I know that applying for EAD/AP is not required in general with your I-485 and even though applying for it does not invalidate your current status. It will do if you use it though (like signing a new I-9 form). I got my CPT for the summer internship and I have to sign new I-9 anyway. That being said, I don't want to apply for EAD with my I-485 AOS.

I'm assuming I do have work authorization (through my CPT) and my F1 status remains valid while my I-485 is pending. Right? Do I have to apply for EAD with my AOS in that case?

Thanks!
Dan

[newacct]

Having a pending or approved I-140 does not allow you to get EAD/AP. Being an AOS (I-485) applicant allows you to get EAD/AP. You don't "have to" get EAD or AP. But they are free for I-485 applicants, and there is no downside to getting them, so why not? You don't have to use them if you get them, but they can be useful just in case something unexpected happens. If you leave the US while I-485 is pending without AP (and you don't have H or L work status), you automatically abandon I-485. If there is a sudden family emergency abroad, and you try to get AP then, it may be very difficult to get it in time (regular AP might take 5-6 months to get; Emergency AP requires a very urgent humanitarian reason). If you have to drop out of school for some unexpected reason, and you need to work, an EAD might be useful.

[danjohnson]

Thanks, that makes sense!