EAD while on F1

[monika_p]

Is it possible to get EAD while being on F1, or you have to be on a dependent visa of the primary applicant in order to get a EAD (for employment based GC). Thx.

 

[samyami]

Not an expert on this by any stretch of imagination, so the usual disclaimers and caveat emptors apply to this post - but,
1. From hearsay, there are instances of people adding their spouses/chidren who were not even in the US at the time of applying for 485 to their visa applications who have later got EADs when they came in.
2. In cases where both the husband and wife are on H1s, one doesn't have to go on an H4 to get an EAD based on the other's 485.
3. If you have an EAD, you don't need an F1 to go to school.
Given all this, logically, you wouldn't need to be on a dependent visa to get the EAD as long as you can conclusively prove that you are a dependent - though you are not on a dependent visa. But then, the operative word is logically...

Is it possible to get EAD while being on F1, or you have to be on a dependent visa of the primary applicant in order to get a EAD (for employment based GC). Thx.

 

[asnssf]

you can

Thats how my wife got EAD. she is on F1 right now. When filling form 765,
you need to file Fields 9,10 and 15 with your current status details. And In field 16, you will be entering your Eligibility category. (mostly based on spouse's pending 485).

Is it possible to get EAD while being on F1, or you have to be on a dependent visa of the primary applicant in order to get a EAD (for employment based GC). Thx.

 

[masala dosa]

Thats how my wife got EAD. she is on F1 right now. When filling form 765,
you need to file Fields 9,10 and 15 with your current status details. And In field 16, you will be entering your Eligibility category. (mostly based on spouse's pending 485).

Buddy
Is someone on F1 applies for EAD as a secondary beneficiary of spouse's 485, then F1 automatically becomes invalid.
If someone tries to enter the US thru F1 after filing 485 their 485 will get nullified

yes, on F1 u can apply for EAD at the end of your education period aka OPT

 

[monika_p]

Thx for all the responses. Does this mean that after applying for EAD, the current visa gets nullified and you need a AP to travel outside the country. Are there any other implications? Thx.

 

[asnssf]

thx

you are wrong.

Rajiv Khanna QA 125

Will my spouse qualify for green card with me even if she is on a non-dependent visa like F1 ?
A125 Yes. Spouse and Kids qualify for green card irrespective (except for J1) of the type of visa, as long as they are on a valid visa in USA. The type of visa of the spouse/kids does matter. If the spouse/kids are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to permanent residency unless
(1) They have served the HRR (2) Or have obtained a waiver of the HRR.
[Index] [Compiled by Law Offices of Rajiv S Khanna]

Buddy
Is someone on F1 applies for EAD as a secondary beneficiary of spouse's 485, then F1 automatically becomes invalid.
If someone tries to enter the US thru F1 after filing 485 their 485 will get nullified

yes, on F1 u can apply for EAD at the end of your education period aka OPT

 

[masala dosa]

you are wrong.

Rajiv Khanna QA 125

Will my spouse qualify for green card with me even if she is on a non-dependent visa like F1 ?
A125 Yes. Spouse and Kids qualify for green card irrespective (except for J1) of the type of visa, as long as they are on a valid visa in USA. The type of visa of the spouse/kids does matter. If the spouse/kids are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to permanent residency unless
(1) They have served the HRR (2) Or have obtained a waiver of the HRR.
[Index] [Compiled by Law Offices of Rajiv S Khanna]

What do you mean by I am wrong?

Yes, if a F1 person applies for 485, The F 1 is useless, YOU MUST ENTER on AP
else ur 485 is govinda.
dont listen to people who havent taken and experienced this path

 

[GotPR?]

you are wrong.

Rajiv Khanna QA 125

Will my spouse qualify for green card with me even if she is on a non-dependent visa like F1 ?
A125 Yes. Spouse and Kids qualify for green card irrespective (except for J1) of the type of visa, as long as they are on a valid visa in USA. The type of visa of the spouse/kids does matter. If the spouse/kids are on a J-1/J-2 visa with a 2yr HRR, they may not adjust status to permanent residency unless
(1) They have served the HRR (2) Or have obtained a waiver of the HRR.
[Index] [Compiled by Law Offices of Rajiv S Khanna]

The Q&A you quoted is dicussion about eligibility to AOS. One is eligible to AOS as long as they are in status(except for some cases such as 2 yr HRR on J1, on VWP, sailing crew etc etc). Eligible to AOS does not mean non-immigrant status such as F1 remains valid after AOS is filed. There is no guideline for eligibility of F1 after AOS is filed, but based on a fact that one can not have 2 status at the same time in the US, and AOS puts you in "authorized stay", some people(including some lawyers) considers F status gets void after AOS.

 

[asnssf]

thx

my wife got EAD based upon my pending 485. We didn't travel after applying for AOS (though we have AP). In her school, still her status is F1. And we renewed license using F1 recently. That means, F1 is still active.

Monica's Q1) Is it possible to get EAD while being on F1, or you have to be on a dependent visa of the primary applicant in order to get a EAD (for employment based GC).

My Answer Monica's Q1: It is possible to get EAD; No need to have a dependent visa.

Monica's Q2) Does this mean that after applying for EAD, the current visa gets nullified and you need a AP to travel outside the country. Are there any other implications?

I have no anwer for this question. It is better to talk to a lawyer (not lawyer's secratory). When things get complicated lawyers make money.

What do you mean by I am wrong?

Yes, if a F1 person applies for 485, The F 1 is useless, YOU MUST ENTER on AP
else ur 485 is govinda.
dont listen to people who havent taken and experienced this path

 

[esseyeb]

... In her school, still her status is F1.

Her school categorizing her as F1 doesn't make her an F1. You cannot be F1, get EAD and work because F1 doesn't allow it. To work on EAD, you need I485 pending. However, you can only be in one status: I485 pending or F1. Schools say you are in F1 because they don't know how to handle this, and they take the easy way out: not citizen/PR/H1/L1 = F1/J1. You can renew license because as F1 you get an SSN.

Don't believe me? My canuck friend on H1 crossed over to Canada and then tried to get in on the way back. All the years they thought the wife was on F1 after switching from H4 was just an illusion. The pending I485 is her real status. If not for a sympathetic CIS officer, the wife would now be on the Canadian side after "abandoning" her I485 because she had no AP.