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tiantian2

Does receiving marriage-based EAD means I lose F1 Student status?

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Hi!

I have a question about what my current immigration status is as of today, and your insights is much appreciated! Below is my timeline:

 

2019 Feburary, F1 student, extended I-20 (originally set to expire in end of May) to December of 2019. 

2019 End of April, filed for I-485, I-130, I-765, I-131 based on marriage to USC. 

2019 mid May to mid June, a short-term on-campus employment. Before I started this, I checked with international student office, and they returned lawyer's reply that I can legally work on campus as F1 while adjusting status. 

2019 June, HR office reminded me that my old I-20 expires in May and I need to give them the new I-20 (expires in December) to get paid. I sent them scanned copy of I-20 immediately, but they want me to come in person, I wasn't in school at that time and told them will come in once I get back from travel. 

2019 end of June, received EAD in the mail (marriage-based 485 pending). 

2019 beginning of July, went to HR office to provide the I-20 form, was asked to fill out a routine "Foreign National Information" form.

It asks about my "current immigration status", it lists F1/J1...etc. as options, but don't have an option for Adjustment of Status.  

I have received C9 EAD at this point but haven't started working since receiving the card. Am I still F1 right now? 

I'm very confused and appreciate your help!

 

 

 

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7 minutes ago, tiantian2 said:

 Am I still F1 right now? 

You are F1 as long as your I-20 is current  or until you receive your EAD from marriage.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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19 minutes ago, tiantian2 said:

It asks about my "current immigration status"

You can hold multiple statuses. Looks like you have:

  • F-1 with a current I-20
  • "Authorized stay" allowed by the US attorney general

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You remain F-1 until you exercise a benefit (typically using AP or an EAD) associated with your I-485.

 

You don't lose F-1 status by simply applying for or even receiving your AP or EAD, you must actually use them. 


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Posted (edited)

You are in F1 status as long as you are maintaining required credits per F1.

 

Your EAD from AOS does not affect your F1 as long as don’t use it for employment.

1 hour ago, HRQX said:

You can hold multiple statuses. Looks like you have:

  • F-1 with a current I-20
  • "Authorized stay" allowed by the US attorney general

One cannot hold multiple status in the US. 

If he/she is satisfying F1 requirements, F1 otherwise “pending AOS

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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1 minute ago, arken said:

One cannot hold multiple status in the US. 

I'm living proof. This has been confirmed by multiple IOs (one on December 2017 info pass, another at my I-485 interview last month, etc.)

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Posted (edited)
55 minutes ago, Hypnos said:

You remain F-1 until you exercise a benefit (typically using AP or an EAD) associated with your I-485.

 

You don't lose F-1 status by simply applying for or even receiving your AP or EAD, you must actually use them. 

Thank you for the replied. Could you also explain what is "actually use" EAD?

I've only worked on campus as F1 so I suppose that's not using my C9 EAD, but today when giving my school HR my current I-20, she asked me to fill out an I-9, and she filled the back of I-9 as rehire using I-20. However, when I was filling out the I-9, it asks for expiration of work authorization, so I asked the HR if I should put the I-20 expiration date (December) or EAD expiration (2020 June). She said I should fill out the actual expiration date (2020 June) and made a copy of my EAD card...Does this qualify as "use EAD" card and invalidates my F-1 status? I feel quite stupid now, that I didn't thought of this when giving her the card. 

Edited by tiantian2

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Just now, HRQX said:

I'm living proof. This has been confirmed by multiple IOs (one on December 2017 info pass, another at my I-485 interview last month, etc.)

Thanks for your replies! I wish there's just a simple USCIS page explaining this (instead of ppl asking here and there and often getting conflicting info). 

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Posted (edited)

If you're working by virtue of your C-9 EAD then it does sound as if you have exercised a benefit under your I-485.

 

Honestly, it's a bit of a grey area, but as stated above, you can only hold one status at any one time. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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5 hours ago, HRQX said:

I'm living proof. This has been confirmed by multiple IOs (one on December 2017 info pass, another at my I-485 interview last month, etc.)

If you are in valid F1 status you are already in authorized stay status so no meaning of “authorized stay” by pending AOS. When you don’t have any other legal status, “Authorized stay” by virtue of pending AOS comes into play to allow you stay in the US. 

 

For OP, if you used your EAD for employment, as said, you are likely considered not in F1 status. 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Just now, arken said:

If you are in valid F1 status you are already in authorized stay status so no meaning of “authorized stay” by pending AOS. When you don’t have any other legal status, “Authorized stay” by virtue of pending AOS comes into play to allow you stay in the US. 

 

For OP, if you used your EAD for employment, as said, you are likely considered not in F1 status. 

Thanks for your reply! I guess what I am not sure of is, does the HR making a copy of my EAD constitute "using EAD"? The document she filled the details on the back of I-9 is still my I-20 info, it's just that she asked to take a copy of my EAD when checking the actual expiration date of my work authorization.  

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5 minutes ago, arken said:

if you used your EAD for employment, as said, you are likely considered not in F1 status. 

Like Hypnos mentioned above it's a grey area. Cite specific USCIS policy or case law that states that. The most one can do is contact USCIS and request a Tier 2. Odds are even they will be stumped and consult the supervisor on duty.

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14 minutes ago, tiantian2 said:

Thanks for your reply! I guess what I am not sure of is, does the HR making a copy of my EAD constitute "using EAD"? The document she filled the details on the back of I-9 is still my I-20 info, it's just that she asked to take a copy of my EAD when checking the actual expiration date of my work authorization.  

If you used your Adjustment EAD to show work authorisation then yes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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EAD is a benefit, not a status in itself. One can hold multiple benefits at a time - some via status, some via permission from DHS.

Performing an activity that violates your status generally terminates your status. Any other benefits you hold (i.e. work authorization via an EAD and/or authorized stay via a pending I-485) would then kick in.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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