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  1. #1

    Unhappy Do You Need EAD on F1 after Adjustment of Status

    I am on F1 status, and I study and work on campus. My husband's work recently applied for I-140/I-485 petition on his behalf, with me as a dependant.
    I was reading an immigration forum and read that I need to apply for EAD to continue working as my F1 status is no longer valid.
    Is this true? Husbands lawyer is on vacation and cannot be reached and I really need to know if I do need to apply for EAD.
    There seems to be 2 opinions - one is that F1 status remains valid as long as I DON'T apply for and use AP and EAD as using either of those invalidates F1 automatically.
    The other opinion is that F1 status is automatically invalid since F1 is explicitly nonimmigrant (and filing for I-140/I-485 violates that) and therefore I need both EAD and AP.
    Which is correct?

    I have applied for AP as I had wanted to travel over Christmas vacation but if the first scenario is correct (I am valid as long as I don't use EAD/AP), can I withdraw this application?

    And, more importantly, do I need EAD to continue studying/working? I really don't want to jeopordize/postpone my studies (and I can't study without working, as my job pays for my very expensive tuition), nor do I want to jeopordize my legal staus, so any insight on this would be very appreciated. Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    florida
    Posts
    40

    Default Re: Please help! Do I need EAD on F1 after AOS?

    An F1 visa is a nonimmigrant visa, so I would take the latter position, that your F1 became void when the USCIS received the I-485, and thus that you need EAD and AP. She should be able to enroll in classes on the basis of her I-485 receipt notice.

  3. #3

    Default Re: Do You Need EAD On An F1 After AOS?

    Thank you for your reply. What about EAD? Will the I-485 reciept suffice to allow me to remain on campus payroll until I get my EAD?
    Thanks

  4. #4
    Join Date
    Sep 2005
    Location
    florida
    Posts
    40

    Default Re: Do You Need EAD On An F1 After AOS?

    I don't believe so, but you should ask your school.

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