F-1 student, Got EAD. Can I work or not?

H

hy2934

Registered Users (C)
Hey Guys,

I am on a F-1 visa (I-20 valid till mid Jan 2012). I married a USC and filed for AOS in September. I received my EAD card today in mail and have GC interview on Dec. 20th. I have been working in my department as Grad Research Assistant (20 hrs/week as allowed on F-1 visa).

However, I got a part time job offer last week and wanted to know if I can work at that place too in addition to my department work? Because I am confused as to what is my current status. F-1 status means I can't work outside campus for more than 20 hrs/week, however, I used to think I can work anywhere after I get my EAD card. If I work outside campus on this new job, will I have to quit my on campus job as I get my salary on the basis of being an international student.

Any help will be appreciated.
 
hy2934 said:
Hey Guys,

I am on a F-1 visa (I-20 valid till mid Jan 2012). I married a USC and filed for AOS in September. I received my EAD card today in mail and have GC interview on Dec. 20th. I have been working in my department as Grad Research Assistant (20 hrs/week as allowed on F-1 visa).

However, I got a part time job offer last week and wanted to know if I can work at that place too in addition to my department work? Because I am confused as to what is my current status. F-1 status means I can't work outside campus for more than 20 hrs/week, however, I used to think I can work anywhere after I get my EAD card. If I work outside campus on this new job, will I have to quit my on campus job as I get my salary on the basis of being an international student.

Any help will be appreciated.
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Based on my understanding, your current status is not F-1. You are under AOS pending. If you have H1B visa and apply for the green card through marriage. You can have H1B and AOS pending status on the same time.

You already got your EAD, so it means you can legal to work with no limitations. So, you can work for both jobs. But, I think you should to let school know you already got EAD to update your status. If I am wrong, please let me know. Thanks!!
 
Thanks.

So does that mean, I will have to give up my current research position job in the department?
 
hy2934 said:
Thanks.

So does that mean, I will have to give up my current research position job in the department?
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That is between you and the employer. As someone pending AOS as the Immediate relative of a USC, you got an unrestricted EAD (c)(9), you are no longer an F-1 and need to get the DSO to close out your SEVIS record properly. You can remain a student based on pending adjustment but your DSO will be confused and will not understand how the law really works.

Once you stop being a non-immigrant student, your DSO is clueless and may even give you bad (not merely wrong) advice and information. Beware.
 
From my experience on my interview day, I did start working after I received EAD. Also, I did continue to go to school and interview officer asked me if I still go to school. I said yes.

The lady who prepared my paperwork also suggested me to still go to school even thought I was on AOS.
 
pinkplumage said:
From my experience on my interview day, I did start working after I received EAD. Also, I did continue to go to school and interview officer asked me if I still go to school. I said yes.

The lady who prepared my paperwork also suggested me to still go to school even thought I was on AOS.
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Do not confuse the issues. Continuing your studies is demonstrating that you actually entered for a legitimate purpose. Continuing in F-1 status is now moot. USCIS is only looking to see if you FRAUDULENTLY became a student merely to enter the U.S. and enter a fraud marriage. Going from single student to being a drop-out married to a USC is very bad.

The school charges much higher tuition from international students. Residents pay a lower rate. DSOs work for the school and have to justify their existence.

The school accepted you "ostensibly" based on academics. They can't deny you a lower tuition or kick you out in order to seek another student that can pay a higher tuition rate without being branded a fraudulent school and then being barred from SEVP (SEVIS) by ICE.

As a friend and former co-worker of mine used to say: It's just not that simple!
 
BigJoe5 said:
Do not confuse the issues. Continuing your studies is demonstrating that you actually entered for a legitimate purpose. Continuing in F-1 status is now moot. USCIS is only looking to see if you FRAUDULENTLY became a student merely to enter the U.S. and enter a fraud marriage. Going from single student to being a drop-out married to a USC is very bad.

The school charges much higher tuition from international students. Residents pay a lower rate. DSOs work for the school and have to justify their existence.

The school accepted you "ostensibly" based on academics. They can't deny you a lower tuition or kick you out in order to seek another student that can pay a higher tuition rate without being branded a fraudulent school and then being barred from SEVP (SEVIS) by ICE.

As a friend and former co-worker of mine used to say: It's just not that simple!
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Forgot to mention but I only study part time since BigJoe5 mention because higher tuition late. Now, I am able to pay in-state tuition. It helps me and my husband a lot. So, I can go back to school full-time. However, if you already graduated, I don't think you need to continue your study. For me I still have couples of year to go. This is the way I did it and only my opinion.
 
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hy2934 said:
Hey Guys,

I am on a F-1 visa (I-20 valid till mid Jan 2012). I married a USC and filed for AOS in September. I received my EAD card today in mail and have GC interview on Dec. 20th. I have been working in my department as Grad Research Assistant (20 hrs/week as allowed on F-1 visa).

However, I got a part time job offer last week and wanted to know if I can work at that place too in addition to my department work? Because I am confused as to what is my current status. F-1 status means I can't work outside campus for more than 20 hrs/week, however, I used to think I can work anywhere after I get my EAD card. If I work outside campus on this new job, will I have to quit my on campus job as I get my salary on the basis of being an international student.
Click to expand...

If the EAD is based on your AOS process, you can work anywhere in the US that will hire you, and you can work as many hours as you want. You are no longer an international student and you should inform the International Student Office (or whatever you call it) of your pending AOS so they can remove you from SEVIS.

However, note that for the lower in-state tuition rate, most states don't count time spent in F-1 status towards the one year of state residency required for the lower rate; they only count time starting with AOS pending or certain other statuses like H1B or L1. Research the rules of your state before pushing for the lower rate.
 
i am in F1 status(visa expires on jan-2013)

Hi My Name is Kumar. I am in F1 visa(recently graduated(Masters), i married my Relative( US Citizes) and applied for green card. observer online my EAD card/document produced(yesterday 9th of october-'12) and i have been scheduled visa interview on 31st dec.
My questing is, can i work legally after getting EAD? do i need to change my status F1 to Green Card? Please let me know.

Thanks

Kiran K
 
kiranbre said:
Hi My Name is Kumar. I am in F1 visa(recently graduated(Masters), i married my Relative( US Citizes) and applied for green card. observer online my EAD card/document produced(yesterday 9th of october-'12) and i have been scheduled visa interview on 31st dec.
My questing is, can i work legally after getting EAD? do i need to change my status F1 to Green Card? Please let me know.
Click to expand...

With the EAD you can legally work on or off campus, full time or part time in any job that will hire you (I'm assuming your EAD is not an OPT EAD).

You don't need to update your status with the school, since you've already graduated. But after you get the green card, you should inform your employer, and you should also visit a Social Security office to get your SS card changed to remove the employment restriction wording.
 
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