Can an F1 student work full time with my EAD with pending AOS (family based)

[Kaykay1 0]

So I’m an F1 student married to a USC, filed for AOS and have my i765 (EAD) approved. I want to know if I can work full time anywhere I like, while I also go to school full term, I don’t intend to leave school. Or do I still have to work within the school campus on less than 20 hours as stipulated for F1 student.. Thanks. 

[nastra30 2,073]

31 minutes ago, Kaykay1 said:

So I’m an F1 student married to a USC, filed for AOS and have my i765 (EAD) approved. I want to know if I can work full time anywhere I like, while I also go to school full term, I don’t intend to leave school. Or do I still have to work within the school campus on less than 20 hours as stipulated for F1 student.. Thanks. 

It's a decision you'll have to decide for yourself.

But here's the gist.

+As soon as you use your AOS EAD to work, your F1 status is gone, and your status falls under 'pending adjustment of status'. The implication here is if your AOS is denied you'll have no status because F1 status will be gone, and you'll have to depart the US even if your studies is not complete.

+If you don't use the EAD, your F1 remains with all stipulations that come with it. So even if your AOS is denied, you'll still maintain your F1 non-immigrant status.

Edited October 3, 2022 by nastra30

[Kaykay1 0]

21 minutes ago, nastra30 said:

It's a decision you'll have to decide for yourself.

But here's the gist.

+As soon as you use your AOS EAD to work, your F1 status is gone, and your status falls under 'pending adjustment of status'. The implication here is if your AOS is denied you'll have no status because F1 status will be gone, and you'll have to depart the US even if your studies is not complete.

+If you don't use the EAD, your F1 remains with all stipulations that come with it. So even if your AOS is denied, you'll still maintain your F1 non-immigrant status.

I’ve heard different contradiction when it comes to this subject but I feel that USCIS wouldn’t set you up that way. Why else would they include i765 in your adjustment of status package then go ahead and approve it knowing that you’re an F1 student.
 

Besides one of the advantages that come with AOS for an F1 is that you now pay instate tuition. So do you also lose your status once you convert tuition to instate tuition? Because that it also clearly using your AOS benefits. So I doubt the veracity of that statement, however it could also be true.

 

I hope someone can point me to an official document that explains this cos it’s quite confusing. 

[nastra30 2,073]

2 minutes ago, Kaykay1 said:

I’ve heard different contradiction when it comes to this subject but I feel that USCIS wouldn’t set you up that way. Why else would they include i765 in your adjustment of status package then go ahead and approve it knowing that you’re an F1 student. - USCIS can't second guess what you want. Maybe you really want to terminate your F1 Status for pending AOS. It's not up to USCIS to decide that for you.
 

Besides one of the advantages that come with AOS for an F1 is that you now pay instate tuition. So do you also lose your status once you convert tuition to instate tuition? - I believe You lose your F1 once you use any benefits that come with pending AOS. Remember F1 is non-immigrant status?

Because that it also clearly using your AOS benefits. So I doubt the veracity of that statement, however it could also be true.

 

I hope someone can point me to an official document that explains this cos it’s quite confusing. 

 

[nastra30 2,073]

Also, I must add that once you use you AOS EAD, you are expected to inform your school to terminate your F-1 status.

[nastra30 2,073]

@Kaykay1- I went digging for similar thread to yours.

Particularly comment below:

https://www.visajourney.com/forums/topic/681207-does-aos-based-ead-violate-my-f-1-status/?do=findComment&comment=9326471

 

So you are right in that there conflicting info.

But it seems if you use a benefit from AOS, and the AOS is eventually denied, you'll have violated the terms of your F1. However, if AOS approved, then no problem. 

[JeanneAdil 6,303]

Can I work while on F-1 visa?

 

 

An F-1 student has three main employment-related guidelines: May work at any qualifying on-campus job that does not displace a U.S. citizen or LPR. May work up to 20 hours per week while school is in session (full-time during those periods when school is not in session or during the annual vacation)May 24, 2022

 

look into rules of your college or university

 

[Kaykay1 0]

13 hours ago, nastra30 said:

Also, I must add that once you use you AOS EAD, you are expected to inform your school to terminate your F-1 status.

Never heard of this before. If they terminate my F1 then what status do I fall under. 

[Boiler 43,857]

22 minutes ago, Kaykay1 said:

Never heard of this before. If they terminate my F1 then what status do I fall under. 

Adjusting status