To use EAD card or not (Still on F-1 Status)

[immi24 0]

Hi All,

We applied for AOS for my wife who is on F-1 status currently. We filed I-485, I-130, I-131, I-765 concurrently in August. Recently got email that I-131 approved & EAD card is ordered. We want to maintain F-1 status till whole AOS process completes. (We are currently paying international student tuition fees and following F-1 status rules.)

My Questions are :

Mean while if she want to work using EAD card & continue her studies, will her F-1 status be in valid status ?

If she uses her EAD will that automatically voids her F-1 status ?

[mymarriagejourney 113]

She is no longer on F-1 status. Once the AOS was filed, she is under a new period of authorized stay while the paperwork is processed, but she is no longer an F-1 visa holder.

Edited October 1, 2014 by mymarriagejourney

[bobcat190E 12]

She is no longer on F-1 status. Once the AOS was filed, she is under a new period of authorized stay while the paperwork is processed, but she is no longer an F-1 visa holder.

This is a common misperception, and it is not true.

While the AOS is pending, one is authorized to stay in the US until the matter of the adjustment settled, even past the expiry date of the F-1. But that has nothing to do with the F-1. Until a final decision is made on the AOS (i.e. the green card is either granted or denied), the F-1 is still valid and continuing.

[bobcat190E 12]

Also, here is some relevant information which I have copied and paste from http://www.hooyou.com/f-1/140filing.html

I am not a lawyer, I am not purporting to offer legal advice, and I am not affiliated in any way with the author of the material below, I am just providing it for informational purposes:

Maintain, Terminate, and Lose F-1 Status

An F-1 student is admitted for duration of status. The student is considered to be maintaining his/her status if s/he is making normal progress toward completing a course of study. According to this provision, "making normal progress toward completing a course of studies" is the only thing required to maintain F-1 status as stipulated by immigration law. Based on this understanding, F-1 students who file the I-140 do not fail to maintain their F-1 status simply because of this filing.

Federal regulations provide the circumstances that non-immigrant status be terminated: "[w]ithin the period of initial admission or extension of stay, the non-immigrant status of an alien shall be terminated by the revocation of a waiver authorized on his or her behalf under section 21 (d) (3) or (4) of the Act, by the introduction of a private bill to confer permanent resident on such alien; or, pursuant to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons." Note that filing an LPR petition is not listed as a circumstance that can lead to the termination of non-immigrant status.

If a student is employed without authorization, is not pursuing a full course of study, transfers schools without permission, or fails to complete a full course of study in time and is ineligible for a program extension, s/he is out of status and subject to deportation. Under this provision, filing an I-140 or I-485 is not listed as a cause for being "out of status."

Some attorneys may argue the laws require the F-1 student to have non-immigrant intent to maintain his/her status. However, some legal experts observe that such "non-immigrant intent" is inconsistent from a historic viewpoint and illogical from the spirit of law. If F students are allowed to have the intent to switch to H-status, and H-status allows for the intent to switch to LPR status, then isn't the desire to switch from F status to H status a strong indication that an alien intends to stay in the US and is therefore not eligible for the F status? Put differently, if F aliens can freely change to H status and H aliens can freely change to LPR status, then logically speaking F aliens should be allowed to freely change to LPR status.

Moreover, if assuming that the USCIS interprets the non-immigrant intent broadly to cover the maintenance of F-1 status, an F-1 status holder who has filed an immigration petition may argue that his filing of I-140 is a "law-afforded" action to test whether he can lawfully remain in the US permanently and his legitimate desire (not intent) as demonstrated by the I-140 filing therefore should not negatively impact his F-1 status quo. Since the first desire (filing the I-140) is authorized by law, a reiteration of the desire (filing the I-485) should invite nothing more than a second authorization.
Therefore, it is reasonable to conclude that "non-immigrant intent" can be interpreted differently under different scenarios and is applied differently for applying for F-1 visa outside the US and for maintaining F-1 status while in the US. - See more at: http://www.hooyou.com/f-1/140filing.html#sthash.VK30JXzs.dpuf

Edited October 1, 2014 by bobcat190E

[immi24 0]

I am thinking, its safe bet to maintain F-1 status till whole AOS process finishes. My only concern is If she uses her EAD Card to work will that automatically voids her F-1 status ? (even if she maintains F-1 status)

[mymarriagejourney 113]

My husband was also an F1 visa holder prior to his AOS, and the information I conveyed was relayed to me by our local immigration office during an InfoPass appointment. I do not dispute that it could be incorrect, but it was the information given to me by USCIS.

This is a common misperception, and it is not true.

While the AOS is pending, one is authorized to stay in the US until the matter of the adjustment settled, even past the expiry date of the F-1. But that has nothing to do with the F-1. Until a final decision is made on the AOS (i.e. the green card is either granted or denied), the F-1 is still valid and continuing.

[immi24 0]

My husband was also an F1 visa holder prior to his AOS, and the information I conveyed was relayed to me by our local immigration office during an InfoPass appointment. I do not dispute that it could be incorrect, but it was the information given to me by USCIS.

Wow. That's new thing i am hearing. I thought it is useful to keep F-1 status alive, till AOS is complete, That way we will have some fall back status. We are paying lot of money to keep F-1 status. If really no use, my wife really do not want to continue schooling.

I asked this question before, most of friends suggested to keep F-1 status.

http://www.visajourney.com/forums/topic/508899-keeping-f-1-status-during-adjustmentofstatus-period/#entry7170714

When i asked my lawyer, she does not have clear idea either.

[mymarriagejourney 113]

I cannot say if the information my local office gave to me was correct or incorrect. I can only tell you my experience.

My husband did not continue school while his AOS was in progress. He waited until his green card was issued and then finished school with federal aid, which was the best economic decision for our family.

Since your wife is in an authorized period of stay and since she does not want to continue schooling, why would you even want maintain the F1? As you say, it is incredibly expensive to pay international tuition and it makes no sense if she doesn't even want to go to school.

[AnotherLostSoul 167]

Hey pal,

Do not stop your F1 schooling. We went through it as well and we were said to maintain that until final decision comes from AOS. The reason being is that if you stop, and lose your F1 status, then in case AOS denied, you have to pack up and fly back home. However, if your AOS fails but you maintained F1 status then you can stay as long as you continue your school to finish your program of study. So, for the stability and security, do not abandon your F1 status. Just stay as you were as if you never submitted AOS and maintain that until your AOS is not approved (hopefully approved). The DSO officer told this to us at the international office, and besides us, many people here on the board will tell you the same. The choice is yours whether you want to maintain your F1 status, or not during AOS...but I would highly recommend you to maintain it as long as you don't know the outcome of your AOS. Seriously!!!! All the best!

Wow. That's new thing i am hearing. I thought it is useful to keep F-1 status alive, till AOS is complete, That way we will have some fall back status. We are paying lot of money to keep F-1 status. If really no use, my wife really do not want to continue schooling.

I asked this question before, most of friends suggested to keep F-1 status.

http://www.visajourney.com/forums/topic/508899-keeping-f-1-status-during-adjustmentofstatus-period/#entry7170714

When i asked my lawyer, she does not have clear idea either.