Can I work? plz help...

C

cool9026

New Member
Hi all,

I am new to this forum, and I have a situation.
I applied for I485/I765 as below.

LC PD: May/2004 NSC, EB3
I-140 RD: 10/07/2006 AD: 07/17/07
I-765 RD: 05/21/07
I-485 RD: 05/21/07
FP done: 06/27/07

I have been an international student since 2003, and I went to international student office to report that I have applied for I485 so that they can change my status, and found out some new information from international student advisor.

He said that since I applied for AOS, I am not F-1 anymore and lose the benefit of being F-1, such as working on campus up to 20 hrs, and that it is unlawful for me to work until I get my EAD. Is this correct?

Also, he said that if something bad happens to my I485 application(I hope not), I will be out of status because I have lost my F-1 status since the date I applied for I485.

I am a little bit confused because I thought I could keep my F-1 status as long as I am registered for full time student, no matter what happens to my I485 application.

Please let me know if those information from my ISO is correct or not.
Also can anyone tell me how long it will take to get EAD, given the receipt date is 05/21?

Thanks in advance.
 
cool9026 said:
Hi all,

I am new to this forum, and I have a situation.
I applied for I485/I765 as below.

LC PD: May/2004 NSC, EB3
I-140 RD: 10/07/2006 AD: 07/17/07
I-765 RD: 05/21/07
I-485 RD: 05/21/07
FP done: 06/27/07

I have been an international student since 2003, and I went to international student office to report that I have applied for I485 so that they can change my status, and found out some new information from international student advisor.

He said that since I applied for AOS, I am not F-1 anymore and lose the benefit of being F-1, such as working on campus up to 20 hrs, and that it is unlawful for me to work until I get my EAD. Is this correct?

Also, he said that if something bad happens to my I485 application(I hope not), I will be out of status because I have lost my F-1 status since the date I applied for I485.

I am a little bit confused because I thought I could keep my F-1 status as long as I am registered for full time student, no matter what happens to my I485 application.

Please let me know if those information from my ISO is correct or not.
Also can anyone tell me how long it will take to get EAD, given the receipt date is 05/21?

Thanks in advance.
Click to expand...
I believe all the information international student advisor gave is correct. F1 is a non immigrant Visa with no dual intent option(For example H1B is a dual intent visa). Since you have shown the interest to become an immigrant, I believe you cant be on a pure non immigrant visa any more.

You can maintain dual status on visas like H1b, H4...

The advisor is also correct, you can't work until you get the EAD. You amy get your EAD in about 90 days.

You may still want to consult a lawyer to verify this information.

dwd123
 
Last edited by a moderator:
Thank you for your reply, dwd.
I was not aware of dual intent issues. I will consult the attorney about this but let me ask you one more question.

Do you think it is going to look bad to immigrant officer if I go to an interview for my i485 because I started LC process while I am in school? Is this violation of dual intent option a ground for denying application?
I may argue that I started studying without any intent to immigrate but I changed my mind along the way, and found a company that can sponsor me but did study whole time since it is easy to maintain lawful status AND getting a US degree is good for my future(which is true, anyway). What do you think about the prospect of my i485, given all this facts?
Thanks again for your reply.
 
Last edited by a moderator:
The ISO is correct. But why do you worry? Unless something is very wrong with your application it won't get rejected. Of course if you keep working without the EAD then you are sure to get 485 rejected. With all the rush these days I don't even think they will get a chance to look at your application in about 2 years from now :) and hopefully you will be done with your degree by then. Well I don't know what exactly you are pursuing and the academic timelines...

ISO is again right that you are not eligible to work and earn until you get EAD. Really don't know when you will get that. Based on the current processing dates it could take about 4 months (and a lil above) from filing date.

Look at the bright side of it. Even though you are ineligible for such benefits you dont have to maintain GPA either :) Go party! (Just kidding...I was on F1 too and it just reminded me of those times)

Applying for I-485 while on F1 itself is not typically looked down upon. That shouldn't be a problem
 
Grandhipal,

Thank you for your input, but your answer lead me to wonder that if i am not F-1 anymore and not permanet resident yet, what is my current status? My ISO said that I cannot work but I can still study. Well, then what is it that allows me to be in school lawfully, but prohibit me from working?
 
In anycase...consulting with a lawyer is a MUST in your situation Cool9026.
Your ISO is absolutely correct. F1 - No dual Intent thereby your status becomes invalid if you apply for AOS. This means that you are out of status as of 05/21/07.

Now, as I see it, you are not out of options. You will not be able to work legally for 20hrs on campus. But Applying for an H1 will help you to work outside of campus for 40 hrs and you can always approach your department advisor and get your program converted to Parttime from Fulltime (Assuming its a Masters program, Phd would be a diff story I am sure).

Since you will be converting from F1 to H1, I am not sure if you would be subject to any Quotas/Caps, but worth a shot. Get in touch with a local Consulting Company...and get the ball rolling.

In the mean time...since you are out of status, rule of the possibility of any sort of international travel. Also, at the time of 485 Interview, you will surely have to be careful. If the officers utter the forbidden word " Out of Status" you could get doomed.

Shouldn't have jumped the gun for applying 485, but now that you are past the situation, Its better to spill your gutts out to an Immigration Attorney to see what your options are.

To alleviate your mood on this situation:
On a lighter note, One final alternative is to get married to a Citizen (If you are single) and icing on the cake is completely a diff flavor now :)

Good luck and keep us posted !
 
Last edited by a moderator:
nervewreck:

Thanks for the advice but i gotta say that it sounds scary because I never thought applying for i-485 would lead me to "OUT OF STATUS". FYI, I am a grad student on Phd track and it will take 2 to 3 more years to complete my degree. I was planning to start working as soon as i get EAD. Anyway, I did not intend to jeopardize my status and I would not have started this process if I had known what kind of risk I will be looking at...
 
Your status is called - "Adjustment of Status" Nope you are NOT out of status. However you shouldn't make any international travel plans until you get I-485 receipt number and also AP (Advance Parole) approved.
There might be some grammatical error in the sentence above but I am sure the right answer has the keyword - AOS. It is not just you and it is nothing to do with your previous F1 status, there are a lot of peole in that limbo state especially the ones entered in H4.

BTW why would you care about H1B when you have EAD? If you are not sure about current GC application then just apply another application in future when the dates are current. However there could be an issue with getting married to someone who needs a dependent visa to enter US...ok that's a different story :)


It means you are free to stay here in US and it is legal. You can do all legal things (I guess you can't run for Presidency etc...) but you can't earn until you have EAD card in hand and again you are not allowed to work after that card expires unless you are wise (unlike me) and applied for EAD renewal in time.

Staying in US and earning are very different things. You can still work as long as you are not getting paid for that. I believe anyone legally staying in US can attend school ( I might have gone a bit overboard with that statement but I am sure you can attend school. If nothing else just bcos your ISO says so ...)
 
Last edited by a moderator:
You must log in or register to reply here.
Top