lily124 said:can F-1 work on campus in the process of applying for green card? If not, how can I be qualified to work on campus? through EAD?
I would appreciate your reply.
lily124 said:can F-1 work on campus in the process of applying for green card? If not, how can I be qualified to work on campus? through EAD?
I would appreciate your reply.
Dubu said:As soon as you application is received, your F-1 becomes void. You are thus on a pending AOS. Nobody has to know anything, don't even mention it to your DSO. The only thing is you CAN'T do is work off campus without EAD. As long as your school has you on their I-20, I believe you can still work on campus. Goodluck.
pianoplayer said:A couple of quick issues to address:
When a person files I485, he/she is considered to be in I485/AOS status. The obvious question is whether this denies the benefits of the previous status held, in this case F1 student.
Mostly, one can only hold one status in the US --- i.e. you have the benefits of the one, but not of another simultaneously. However, I485 status is kind of "illusive" in that it is a "neither here, neither there status".
The mainstream opinion, is that benefits from the previous visa may continue as long as that status is maintained. i.e. if the previous F1 student keeps abiding by the conditions of the F1 visa, he may keep using its benefits(generally, some exceptions with regard to OPT as another poster noted, but for our purpose here, generally). Note that applying for EAD e.g. would break the F1 benefits, because that EAD would be based on I485 and would allow the person to work off campus.
This general theory is consistent with other areas in immigration, e.g. an H1B holder may continue to use his H1B status(for work and travel) until he receives PR, UNLESS he applies for EAD and completes a new I9 with his employer.
The advice by the poster above, to whom I am responding, is essentially correct, but I would hesitate to say that the F1 voids. I don't think that that has been determined for sure. Also, there is no reason to be secretive about it --- and the OP should answer all questions truthfully. According to the mainstream view, I do not see any problems with working on-campus while maintaining F1 status, having filed I485.
Pinturicchio said:pianoplayer, the minute you file for AOS you show immigration intent. This automatically voids your strictly non-immigrant F-1 visa. Now when it comes to university advisors and how well they know the laws, that's a different issue.
H1B visa holders are an exception, because the concept of H1 incorporates dual intent. That is why one can maintain H1B while having a pending AOS application.
garrulito said:I was an F-1 student when I applied for 1-485. The truth is, despite some people's arrogance(which may come from being a current law student), you are safe by taking your International Student Councelor's advice, it's their job and they deal with this type of issue more than you think. I had no problem continuing to workl on campus and I have seen the same action taken by DOZENS of friends at school when they apply for AOS. While it is true you can get lost on a bunch of technicalities, I quote what a USCIS director from the Boise DO said to us in a meeting for international students at our campus: "We have bigger fish to catch". I do not recall his exact position in the Boise DO but he was no little fish.
In conclusion, don't worry so much about it. Your councelor tells you information from EXPERIENCE, note from making a debate on what AOS does technically to your F-1 status