Filing I-485 while on F-1 status and working on CPT

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gc_info_seeker

Registered Users (C)
Guys,

My spouse is on F-1 and has been doing her internship in the summer. Her internship has been extended for the fall 2006 semester, for which she has already got her CPT. I am on H1 and about to file my I-485 in September.
What happens if she files for AOS along with me ? Can she continue to work on CPT until she receives her I-485 based EAD and then switch to that ? Or is her CPT is invalid after filing I-485 ? Will she have to wait for her EAD to work off-campus ?

Anyone of you who has been in a similar situation before or having any knowledge about this, please post your replies.

Thanks a lot !!
 
gc_info_seeker said:
What happens if she files for AOS along with me ? Can she continue to work on CPT until she receives her I-485 based EAD and then switch to that ?
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Yes. If the CPT has restrictions then I would not take any job off-campus that would not be covered by CPT until the EAD arrives.
 
Thanks for your post TheRealCanadian.

What did you mean by "restrictions" though ?

The CPT authorizes part time work off campus to do a co-op (she is registered for it as a course which gets counted towards her degree).
The catch here is the interim period between filing I-485 and receiving the EAD. Is her CPT valid during that phase ? As it authorizes off-campus work, can it be used for continuing co-op ?
 
Filling an I-485 has no effect on your non-immigrant status, F-1, H-1 or whatever.

CPT is part of this non-immigrant status, so if she will continue to maintain her F-1 status, she should be able to work on her CPT, but only wherever her school has authorized her to work. Then once her EAD arrives, she can work where ever she wants.

Once the semester is over, she can either continue to maintain her F-1 status, or notify the school that she has applied for I-485 adjustment of status. They will then move her off the "foreign student" category and (technically) not have to pay out-of-state tuition (if the school differentiates the two kinds of students) if she can prove local residence to the Bursar's Office. The only downside of doing so would be not having a back-up status if the I-485 is denied.

Also, the school might not be willing to file for her OPT (if she is planning on it) if they learn that they has applied for immigrant status. So if she wants to convert her F-1 to H-1 while she waits for her I-485 to be current and approved, she should do so while attending school, to prevent any lapse in legal status.
 
alex2d2 said:
So if she wants to convert her F-1 to H-1 while she waits for her I-485 to be current and approved, she should do so while attending school, to prevent any lapse in legal status.
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There is a pending I-485, so there would be no lapse in legal status. There would, however, be a lapse in non-immigrant status so she would probably need an H visa stamp and enter in H status.

To be honest, unless there are some serious worries about the I-485 being denied she would be far better off (and far, far far more likely to be hired) using the EAD, so no visa sponsorship is necessary.
 
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