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#1
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F-1 and AOS
My husband became a US citizen last month and we filed AOS paperwork (I-485, I-864, G-325A) for me. I am currently on F-1 visa. My I-20 is valid till August 2010. However, my visa expired in Dec 2006. I have been maintaining full course load and am a full time PhD student. I received my notice of action for I-485 today. Now I am concerned what is my status? Also, I am a TA in my department. So now that I have filed for AOS and received NOA will I be able to work as TA in my department in fall or do I need to file for EAD?
Your response will be much appreciated. Thanks. |
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#2
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F-1 allows you to work as TA. Once you get your EAD you can work anywhere, including your department. You will become an adjustee and will lose your F-1 status, but thats pretty much irrelevant at this point. You should have your GC in 6-9 month.
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I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008 I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008. Card received on 8/22/2008. |
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#3
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But I have not filed for EAD because I do not intend to work now. I will be completing my degree in a year and I was planning to apply for my EAD (485 based) at that time. So can I work as TA without an EAD?
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#4
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As long as your I-20 is valid the fact that your F1 visa expired is not a concern unless you leave the country. Along the same lines you are fully authorized to work on campus as long as you are "on status" i.e. you are a full time student by either taking the required credits or by obtaining a full time certification, so you seem to be fine.
Now, if I were you I would file the I-765 form just to be safe, or at the very least I would talk to the international office and see what they think, believe it or not, they can be useful. Quote:
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2007 03/01: I130 filed 06/11: I130 approved ![]() 06/25: I485 07/20: e-I131, e-I765 07/27: I485 FP code 3 07/31: Interview notice 08/21: I765 FP code 2 09/11: AP, EAD approved ![]() 09/21: Interview, approved pending NC ![]() 11/9: NC cleared ![]() 11/20: GC received ![]() 2009 8/18:I-751 package received at VSC 8/19:check cashed ![]() 8/22:NOA I-797C received, 1 year extension ![]() 9/05:Bio code 3 notice received 9/29: Biometrics done
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