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Adjustment of Status Through the DV Lottery and Employment Authorization

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  • 01-15-2015, 08:25 AM
    John06
    Adjustment of Status Through the DV Lottery and Employment Authorization
    Hello,

    I am F1 visa student and I have applied for Adjustment of Status through DV2015 and I have also applied for Employment Authorization.

    If I receive approval for Employment Authorization, can I start working being a student and still waiting for GC approval? If I start working my status would be changed, can it affect approval of my GC?

    Thank you!
  • 01-15-2015, 01:57 PM
    Mr. Knowitall
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    If you file for EAD you will change your status from F1 to I-485 pending status, then start working under the EAD, you will no longer be in F1 status. Are you eligible for OPT, such that you can work and maintain your F1 status until you are certain that your I-485 has been approved?
  • 01-15-2015, 08:43 PM
    John06
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you file for EAD you will change your status from F1 to I-485 pending status, then start working under the EAD, you will no longer be in F1 status. Are you eligible for OPT, such that you can work and maintain your F1 status until you are certain that your I-485 has been approved?

    Yes, I am eligible for OPT but I haven`t applied yet. If I find job before GC approval, should I work on OPT or it would be better to wait until GC approval?
  • 01-15-2015, 08:49 PM
    Mr. Knowitall
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    Again, if you file for EAD you will change your status from F1 to I-485 pending status, then start working under the EAD, you will no longer be in F1 status. You can work on OPT and maintain your F1 status until you either complete your course of studies or get a decision on your I-485.
  • 01-16-2015, 09:18 AM
    John06
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    Quote:

    Quoting Mr. Knowitall
    View Post
    Again, if you file for EAD you will change your status from F1 to I-485 pending status, then start working under the EAD, you will no longer be in F1 status. You can work on OPT and maintain your F1 status until you either complete your course of studies or get a decision on your I-485.


    Hello Mr. Knowitall,

    Thank you for your response! Could you please help me with my question about Request Less than Full-Time Enrollment. It is really important.
    Would it be Ok to Request Less than Full-Time Enrollment (since I am going study my last semester) while waiting for GC approval? Could part-time enrollment affect GC approval?

    Thank you!
  • 01-16-2015, 09:39 AM
    Mr. Knowitall
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    The question is whether or not you will remain in status, what that status will be. If you go out of status, you put yourself in jeopardy even after filing for AOS. If you go into I-485 pending status, that status will end if your I-485 is denied and you will need to leave the U.S.
  • 01-16-2015, 11:03 AM
    John06
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    But now I F1 visa student and I-485 pending status. My question is if it`s ok to make the Request Less than Full-Time Enrollment or not? I will still be F1 visa student and I-485 pending status but not full-time student.

    Thank you!
  • 01-20-2015, 01:11 PM
    John06
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    Hello, Can I ask you one more question.

    I have applied for AOS through DV2015 since I am living in US now, but by mistake I also started filling out the electronic form DS-260, I know that I do not need to do that. Is it ok that I started filling out this form and I didn`t submit it?
  • 01-20-2015, 01:15 PM
    Mr. Knowitall
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    Until you complete, sign and submit your form, it's data on a server, not a document that's part of your USCIS filings.
  • 01-20-2015, 01:21 PM
    John06
    Re: Adjustment of Status Through the DV Lottery and Employment Authorization
    Thank you Mr. Knowitall!

    And is it right that I don`t need to compete DS-260 since I am already in US and applied for AOS?
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