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Family petition approved, EAD card received, here in the US with F1 visa initially

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  • Family petition approved, EAD card received, here in the US with F1 visa initially

    Hi.
    I am adjusting my status to green card from F1 visa thanks to a family petition under the category F4

    The work permit was approved and my green card status is waiting to be scheduled for an interview. My question is now that I have the EAD card can I stop going to class and start working? The lawyer who is working on my case told me not to because my EAD was received thanks to the F1 status I have, and if I drop school and my green cards is denied I have to leave the country, but it does not make sense to me because now I have the right to work, and I cannot continue assisting to an intensive English course at the same time because of the job requirements. My EAD process is not from the F1 status is because I am adjusting status from F1 to green card because my family did the petition 13 years ago, the petition was approved already I just had to wait all this time because my category F4.

    Do you think is a risk if I stop going to class? The case was received on December 18th and I still continued going to class, but now that I received the EAD can I stop? or should I wait for my green card? Please note this pandemic has hurt finances of everybody including my family, so for me make more sense to start working than struggling finding the money to pay the course fees now that I am legally allowed to work

    Thanks

  • #2
    Can you stop going to class? Yes.

    Is it a risk? Also yes.

    Your lawyer is correct. If your AOS is denied and you stop courses, you may have to leave the country because you will no longer be in status.

    Whether or not you continue to maintain the F1 is ultimately your own decision. I don’t know your situation, so it’s hard to say yes or no.
    Canadian on F-1 married to USC (SSM)
    Field office: Manhattan/NYC

    09/21/2019: Delivered to Chicago
    09/25/2019: Fees charged
    09/30/2019: Case received
    10/04/2019: Biometrics appt received
    10/15/2019: Fingerprints taken
    10/16/2019: Fingerprint review complete
    11/14/2019: Ready to be scheduled

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    • #3
      Immigration lawyers recommend the less risky option. If you think that there is a low risk for denial and you want/need to work, then you can do it.
      That is always riskier than to follow F1 restrictions and keep your status. Good luck.
      Nov 2018 - Package sent - EB - Texas Service Center
      Day 1 - Package received at the lockbox
      Day 999 - Card delivered to me - Aug 2021
      ---
      All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

      Comment


      • #4
        Thanks for the advice.

        Comment


        • #5
          Originally posted by Veronicagut View Post
          Hi.
          I am adjusting my status to green card from F1 visa thanks to a family petition under the category F4

          The work permit was approved and my green card status is waiting to be scheduled for an interview. My question is now that I have the EAD card can I stop going to class and start working? The lawyer who is working on my case told me not to because my EAD was received thanks to the F1 status I have, and if I drop school and my green cards is denied I have to leave the country, but it does not make sense to me because now I have the right to work, and I cannot continue assisting to an intensive English course at the same time because of the job requirements. My EAD process is not from the F1 status is because I am adjusting status from F1 to green card because my family did the petition 13 years ago, the petition was approved already I just had to wait all this time because my category F4.

          Do you think is a risk if I stop going to class? The case was received on December 18th and I still continued going to class, but now that I received the EAD can I stop? or should I wait for my green card? Please note this pandemic has hurt finances of everybody including my family, so for me make more sense to start working than struggling finding the money to pay the course fees now that I am legally allowed to work

          Thanks
          Hi,

          Can you share your timeline? I am in similar category and I wonder how long it took you to receive EAD.

          Thanks

          Comment

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