flying fish
Registered Users (C)
I am F-1 student, can I use my AP to travel outside US. I was told if I do so, I will lose my F-1 at the time of re-entering US, and have to apply EAD. Please advise, many thanks.
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AP and F-1
- Thread starter flying fish
- Start date
fast_gc_seeker
Registered Users (C)
I believe you'll have to use only AP because your 485 is pending. Only H and L visa holders can use their visas when 485 is pending. By the way you wont loose F1 status even if u use AP. Maintain the minimum enrollment of 9(?) credit hrs with good grades, i think u r safe after that.flying fish said:I am F-1 student, can I use my AP to travel outside US. I was told if I do so, I will lose my F-1 at the time of re-entering US, and have to apply EAD. Please advise, many thanks.
fast_gc_seeker
Registered Users (C)
mdgc said:If you are in adjustment of status, then you are no more in F-1
why not? If somebody can remain in H1 status after 485 is applied then why not be in F1 status if they maintain it?
F-1 and H-1 - dual intents
Please see extract from Murthy Chat below. H-1 status with dual intent, meaning both immigrant and non-immigrant, where as F-1 is with a single non-immigrant intent only.
Question : Does F-1 status end once one receives an EAD based on a pending I-485?
Answer : The F-1 status is deemed no longer valid or capable of being extended once a person files for an immigrant petition or the I-485. However, there are no regulations about what legally happens if a person has an OPT since the OPT person also obtains an EAD and the USCIS may decide to extend the previously granted EAD filed in connection with the F-1 but now with the I-485. The section of the law under which the EAD is being requested will differ, so the USCIS will often grant the new EAD by mentioning the different section of the law on the face of the card or at the back of the card.
Date : 2004-05-03
Please see extract from Murthy Chat below. H-1 status with dual intent, meaning both immigrant and non-immigrant, where as F-1 is with a single non-immigrant intent only.
Question : Does F-1 status end once one receives an EAD based on a pending I-485?
Answer : The F-1 status is deemed no longer valid or capable of being extended once a person files for an immigrant petition or the I-485. However, there are no regulations about what legally happens if a person has an OPT since the OPT person also obtains an EAD and the USCIS may decide to extend the previously granted EAD filed in connection with the F-1 but now with the I-485. The section of the law under which the EAD is being requested will differ, so the USCIS will often grant the new EAD by mentioning the different section of the law on the face of the card or at the back of the card.
Date : 2004-05-03
mdgc is right
mdgc is right. You cannot be on on F1 if you are AOS applicant. F1 is not allowed with an intention of immigration as made known by filing 485. Make sure that you use the correct status for purposes of employment, education, tax filing, etc. Talk to you your immigration attorney.
mdgc is right. You cannot be on on F1 if you are AOS applicant. F1 is not allowed with an intention of immigration as made known by filing 485. Make sure that you use the correct status for purposes of employment, education, tax filing, etc. Talk to you your immigration attorney.
flying fish
Registered Users (C)
Then I guess if I get AP and EAD, I should be safe to leave US and come back, but may lose F-1, am I right?
NJOY_SCUBA
Registered Users (C)
once you come back. you need a EAD only if you plan to work.
it is better to talk to your ISO.....
it is better to talk to your ISO.....
I am right in that situation!
Hi guys, I am a international student and now AOS pending. what I was told from diff sources is: I already lost F-1, but if I do not travel outside US or use EAD or do not break any F-1 rules/regulation, I do not need to use EAD. I did not use EAD yet! I did not use AP also as I did not travel while AOS pending. Is there something wrong with not using EAD? Please let me know.
Thanks,pibo
Hi guys, I am a international student and now AOS pending. what I was told from diff sources is: I already lost F-1, but if I do not travel outside US or use EAD or do not break any F-1 rules/regulation, I do not need to use EAD. I did not use EAD yet! I did not use AP also as I did not travel while AOS pending. Is there something wrong with not using EAD? Please let me know.
Thanks,pibo
EAD related
Pibo,
You are not bound by F-1 rules/regulations any more such as minimum credits for F-1. You status is 'AOS pending'. You are not eligible for CPT / OPT etc.
You do not need to apply for an EAD if you are not planning to work.
You need an EAD even if you are planning to work within the campus say in the library or as a TA or as RA. With an EAD, you can work where ever you want and any number of hours per week. However there is some downside to using EAD. When you work on EAD, Medicare and Social Security taxes will be deducted from your earnings, if you work outside your campus.
Normally as a F-1 student, you do not pay medicare and social security taxes when you work.
Pibo,
You are not bound by F-1 rules/regulations any more such as minimum credits for F-1. You status is 'AOS pending'. You are not eligible for CPT / OPT etc.
You do not need to apply for an EAD if you are not planning to work.
You need an EAD even if you are planning to work within the campus say in the library or as a TA or as RA. With an EAD, you can work where ever you want and any number of hours per week. However there is some downside to using EAD. When you work on EAD, Medicare and Social Security taxes will be deducted from your earnings, if you work outside your campus.
Normally as a F-1 student, you do not pay medicare and social security taxes when you work.
pibo : not to worry
Pibo,
Not to worry. I suggest you inform both your ISO (International student Office) and payroll department at the earliest. They will advise you and I am sure they come across many situations like yours every year.
One thing more to know is when you entered the country, in the I-94 you would have gotten a stamp D/S meaning duration of status. That is no more valid. D/S means you are authorised to stay till you continue to be a full time student.
Even with an EAD when you work in the campus, you do not pay social security and medicare tazes. These taxes are paid by both employer and employee and universities are exempt. But if you happen to work outside, ensure these taxes are deducted from your payroll and paid.
Pibo,
Not to worry. I suggest you inform both your ISO (International student Office) and payroll department at the earliest. They will advise you and I am sure they come across many situations like yours every year.
One thing more to know is when you entered the country, in the I-94 you would have gotten a stamp D/S meaning duration of status. That is no more valid. D/S means you are authorised to stay till you continue to be a full time student.
Even with an EAD when you work in the campus, you do not pay social security and medicare tazes. These taxes are paid by both employer and employee and universities are exempt. But if you happen to work outside, ensure these taxes are deducted from your payroll and paid.
mdgc, let me clarify you my situation. I was F-1 student and when I am in the middle of my Ph.D. program, I got married and my husband was going through his labor certification process etc. when he files I-485, he had put my name in it. since then I never went out of the country or used EAD. I was a full time student all throughout and got RA/TA from the university. I never gave them my EAD and never used AP. So when I entered the country for the last time I was a full time F-1 student and my I-94 and I-20 said that. Now do you think there will be any problem as i never changed the payroll status by showing EAD?
The problem is our immigration lawyer says wrong things, that means he is not good. The international office does not want to talk to me as I am not a international student and payroll says we will put you in whatever status you want us to put you!
please suggest me if you can.
Thanks a lot.
pibo
The problem is our immigration lawyer says wrong things, that means he is not good. The international office does not want to talk to me as I am not a international student and payroll says we will put you in whatever status you want us to put you!
please suggest me if you can.
Thanks a lot.
pibo
Do not anticipate any problem
Pibo,
I do not anticipate any problem from 485 approval stand point since you have maintained lawful status all the way through. It is advisable to inform your payroll office that you are in 'adjustment of status pending' and no more in F-1 to avoid any problems in future with personal taxes.
Pibo,
I do not anticipate any problem from 485 approval stand point since you have maintained lawful status all the way through. It is advisable to inform your payroll office that you are in 'adjustment of status pending' and no more in F-1 to avoid any problems in future with personal taxes.