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DV 2010 AOS Only

Updates on EAD

I just received the EAD's both for me and my spouse.
So does that mean that we can go ahead and work using that card? What's the process?
I know once you have the green card in hand you don't need the EAD.
Have anyone used their EAD obtained by doing AOS?
 
Yes you can go ahead and work using the EAD card until its expiration date.
Hopefully it won't be long before you have your GC
 
Forms sent to KCC

With regards to the forms that are sent to KCC, wonder if sending all the forms (DSP-122 & DS-230 part1 and part2) actually helps in moving the process faster?
 
F1 visa and EAD

Hi everyone,

Is there anybody on this site who is on F1 visa status and has already received the EAD card or has the I-765 approved ? Thanks for your reply.
 
happy2010 said:
Hi everyone,

Is there anybody on this site who is on F1 visa status and has already received the EAD card or has the I-765 approved ? Thanks for your reply.
Click to expand...

I am on F1. Got notification of EAD production around 11/25. Haven't received it yet. Simpleman is also F1, he received his.
 
cooldude06_78 said:
I am on F1. Got notification of EAD production around 11/25. Haven't received it yet. Simpleman is also F1, he received his.
Click to expand...

Hello Colddude, thanks very much for your reply...I asked this because I just run on an earlier post in this forum that we should not use the EAD while the AOS is pending...but if the your green card got approved, it is useful anyway....
 
happy2010 said:
Hi everyone,

Is there anybody on this site who is on F1 visa status and has already received the EAD card or has the I-765 approved ? Thanks for your reply.
Click to expand...

As cooldude06_78 said I received my EAD already.
The card is valid for a year. Mine was approved on 11/19/09. It is valid till 11/18/10.
I was trying to verify the same fact as you were. The only thing written in the card is it is category C09 and under the section terms of conditions it is written none. So I am guessing there is nothing wrong in using the card right away. I am guessing that this card can be used right now because you don't have other authorized document saying you can work outside. Once you receive your green card then your EAD is just a piece of plastic.
This is my understanding.
 
happy2010 said:
Hello Cooldude, thanks very much for your reply...I asked this because I just run on an earlier post in this forum that we should not use the EAD while the AOS is pending...but if the your green card got approved, it is useful anyway....
Click to expand...

Simpleman was just asking the process of how to start using the EAD. I don't think that anyone would say you cannot use the EAD while AOS is pending. That is the purpose of EAD, to allow you to work while AOS is pending. But if you were working on campus as F1 and now you have your EAD and you won't be working off campus then you might not need to use the EAD.
 
cooldude06_78 said:
Simpleman was just asking the process of how to start using the EAD. I don't think that anyone would say you cannot use the EAD while AOS is pending. That is the purpose of EAD, to allow you to work while AOS is pending. But if you were working on campus as F1 and now you have your EAD and you won't be working off campus then you might not need to use the EAD.
Click to expand...

On one hand, if a F1 visa holder can not work with an EAD card granted while his AOS is pending, so why the card was approved and sended ? on the other hand, as the AOS petition is pending, the petitioner is still on the F1 visa status, therefore , as from his so-called F1 visa status, he is not allowed to work.(except from on campus). :confused:
Anyway, if THIS is clear for anybody, it is NOT in my little head !:D
 
happy2010 said:
On one hand, if a F1 visa holder can not work with an EAD card granted while his AOS is pending, so why the card was approved and sended ? on the other hand, as the AOS petition is pending, the petitioner is still on the F1 visa status, therefore , as from his so-called F1 visa status, he is not allowed to work.(except from on campus). :confused:
Anyway, if THIS is clear for anybody, it is NOT in my little head !:D
Click to expand...

Well let's take it this way. If we were not supposed to work while AOS is pending then USCIS would not have approved our EAD and they would not send us the card. But since they have approved it and sent it to us already we should be fine using it. And as I mentioned earlier there is no terms and conditions on that card. It just does not say anything so my guess is we are fine. Moreover approval of EAD means that your GC will be approved soon too. So I think it's just a way of saying you will be getting your green card soon but till then just use the EAD if you need to work. This is my understanding of the whole process.
 
Hi Happy2010,

I have put your comments in quotations and answered them. Hopefully there are cleared.

"On one hand, if a F1 visa holder can not work with an EAD card granted while his AOS is pending, so why the card was approved and sended ?"
The moment you file for AOS, and the application is pending, by USCIS standard you are legal but not F1. So yes, you can use EAD to work even if you didn't have your interview but have the EAD.

"on the other hand, as the AOS petition is pending, the petitioner is still on the F1 visa status, therefore , as from his so-called F1 visa status, he is not allowed to work.(except from on campus)."
If AOS is pending, then you are not on F1. But if you have EAD, then working on-campus or off-campus both are legal. The only difference is you might not have to use the EAD for on campus, as you were already authorized by INS to work on campus as F1. But when you want to work off-campus, then all the paper work would have to be done based on the EAD.

Now people usually have the concern if the application for some reason is denied what happens. I read somewhere that in the time when the application is still pending, if you stay on F1 rules (i.e. take full load of classes and work on-campus for up to 20 hrs a week) you do not invalidate your F1 status and would go back to it. The only concern would be if you traveled outside US as the IO at the entry port could refuse entry on F1 as you had shown intent to stay. But if you stay in the US, it shouldn't cause any problems!
 
Should we let the school know?

So our AOS is pending right now. Is it necessary to tell our center for international studies about this? I have not told them anything. I was thinking I will let them know once I get my green card. Have any of you discussed this with your school? I was just curious.
 
simple man said:
So our AOS is pending right now. Is it necessary to tell our center for international studies about this? I have not told them anything. I was thinking I will let them know once I get my green card. Have any of you discussed this with your school? I was just curious.
Click to expand...

I haven't told them as yet. My I-20 expires at the end of the year. I am planning to renew my I-20 and once i get the GC, i will just tell them to take me out of the system! That's the plan i don't know what exactly i will do!
 
Hey guys

WATCH OUT!!!!!! THOSE WHO LIVE HERE ILLEGALLY OR THOSE UNDER VISA THAT HAVE HAVE BEEN WORKING WITHOUT AUTHORIZATION..YOU ARE ALL AT RISK.
YES YOU RECEIVED YOUR EAD'S, COOL!! BUT THIS IS A TRAP TO GET YOUR A.S.S.
AT THE INTERVIEW YOU WILL GET A NOTICE THAT SAYS TO LEAVE THE US WITHIN 6 MONTHS. I HAVE HEARD THEY DID THAT TO SOME GUY. FIRST HE WAS EXCITED TO GET HIS EAD BUT AT THE END DISSAPOINTED FOR GETTING DENIED AND ASKED TO GO BACK HOME FOR ANOTHER REENTRY, WHICH IS FALSE. THEY WILL NEVER LET YOU COME IN ANYMORE. ANYWAY THIS GUY DIDNT GO BACK, INSTEAD HE GOT MARRIED AND HAD AN ATTORNEY TO HELP HIS CASE AND FINALLY GOT HIS PAPERS. SO YOU GUYS WHO KNOW YOU WORKED WITHOUT AUTHORIZATION OR STAYING HERE ILLEGALLY SHOULD BE CAREFUL. BETTER GET AN ATTORNEY TO HELP YA FILE YA CASE. I AM ON F1 VISA TOO, I WORKED ILLEGALLY BUT I AM NOT GOING TO RUSH AND GET MY PACKAGE SENT..ON MY WAY TO FIND AN ATTORNEY TO HELP ME. ANYWAY GOOD LUCK EVERYBODY
 
cooldude06_78 said:
Hi Happy2010,

I have put your comments in quotations and answered them. Hopefully there are cleared.

"On one hand, if a F1 visa holder can not work with an EAD card granted while his AOS is pending, so why the card was approved and sended ?"
The moment you file for AOS, and the application is pending, by USCIS standard you are legal but not F1. So yes, you can use EAD to work even if you didn't have your interview but have the EAD.

"on the other hand, as the AOS petition is pending, the petitioner is still on the F1 visa status, therefore , as from his so-called F1 visa status, he is not allowed to work.(except from on campus)."
If AOS is pending, then you are not on F1. But if you have EAD, then working on-campus or off-campus both are legal. The only difference is you might not have to use the EAD for on campus, as you were already authorized by INS to work on campus as F1. But when you want to work off-campus, then all the paper work would have to be done based on the EAD.

Now people usually have the concern if the application for some reason is denied what happens. I read somewhere that in the time when the application is still pending, if you stay on F1 rules (i.e. take full load of classes and work on-campus for up to 20 hrs a week) you do not invalidate your F1 status and would go back to it. The only concern would be if you traveled outside US as the IO at the entry port could refuse entry on F1 as you had shown intent to stay. But if you stay in the US, it shouldn't cause any problems!
Click to expand...

First of all, many thanks to all you guys who took time and conviction to reply to my post, I really appreciate it. Now, all what you said makes sense and we all try to do things that make sense to us.That's being said, as this is not completely clear to all IO who interpret the law, results might be surprising and sometimes hurting our interest by the end...So all of you decide to tell the school only once you have the green card in hand, right ?
 
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