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F-1 student -should she apply for EAD?

I

immigrant166

New Member
Hi,

This site seems very helpful..
I have a question..
I am current in October. I am on F-1 visa and will graduate in May 2008.
Do you recommend applying for EAD, or I might get the green card even before graduating, and even if I don't receive it by then, I can apply for OPT, so applying for EAD is unnecessary?

Thank you!!

Elif
 
immigrant166 said:
Hi,

This site seems very helpful..
I have a question..
I am current in October. I am on F-1 visa and will graduate in May 2008.
Do you recommend applying for EAD, or I might get the green card even before graduating, and even if I don't receive it by then, I can apply for OPT, so applying for EAD is unnecessary?

Thank you!!

Elif
Click to expand...

The new fee for I-485 includeds EAD and Advance parole. u don't even need to apply for ead, u will get one.
 
u don't even need to apply for ead, u will get one.
Click to expand...
even though the fee for EAD is included in AOS fee, he still need to fill out I-765, if he wants to get an AOS EAD.

Just in case you don't get your DV visa/AOS, don't get an AOS EAD. This way, if DV falls through (it does happen), you can fall back on your F-1 status (theoretically).
 
LucyMO said:
even though the fee for EAD is included in AOS fee, he still need to fill out I-765, if he wants to get an AOS EAD.

Just in case you don't get your DV visa/AOS, don't get an AOS EAD. This way, if DV falls through (it does happen), you can fall back on your F-1 status (theoretically).
Click to expand...

You can get, just not use it and still remain current as an F1 (i.e. only take no more than 20 hours per week of on campus employment on F1).
 
LucyMO said:
even though the fee for EAD is included in AOS fee, he still need to fill out I-765, if he wants to get an AOS EAD.

Just in case you don't get your DV visa/AOS, don't get an AOS EAD. This way, if DV falls through (it does happen), you can fall back on your F-1 status (theoretically).
Click to expand...

I guess your saying that he can apply for OPT EAD too.
 
So...if we apply for EAD than it will come in 3 months. But if we do not get GC, and if we had already started working offcampus using that EAD.......what happens???

will we get F1 status Back, if not what status will we be in?
 
saurav110 said:
So...if we apply for EAD than it will come in 3 months. But if we do not get GC, and if we had already started working offcampus using that EAD.......what happens???

will we get F1 status Back, if not what status will we be in?
Click to expand...

If you get EAD and start working on it and are then denied the GC, you will be out of status - using the DV-EAD automatically means that you ahve abandoned your F1 status and you will need to leave the country (or change to some other staus I suppose, but it would be difficult to get another non-immigrant visa given your clear immigration intent).
 
only advatge of EAD:let you start working before GC arrivl? + EAD fee:sure no xtra?

From what is written in the thread, seems like, the advantage of EAD is only if one wants to start working before green card arrives. No other advantage then?

My original concern was that my lawyer told me that I should pay an extra $340 to apply for EAD. So we know for sure that she is wrong? IF so, it's upsetting actually, since she should be protecting my advantage.


I have to graduate in May 2008, -given absolute deadline to do so -so I do not need to reapply for F-1 anymore, except for extending it in December for one more semester.

immigrant166
 
From what is written in the thread, seems like, the advantage of EAD is only if one wants to start working before green card arrives. No other advantage then?
Click to expand...
no.

THe fee for EAD is included in AOS fee. Lawyers make mistakes.
 
Lucy is right - lawyer is wrong, but it has only been since July that the new fees have come in and you have no choice but to pay for the EAD as well. That said, your lawyer should be doing the research for you on this, that is why you pay them - think about a new one., PM me if you need a recommendation.
 
stressedstudent,

I'm confused: are you saying I should pay 1010 or 1350 in total?
Also, is it OK if I don't apply for EAD?

i166
 
the fee for AOS EAD is INCLUDED in the $1,010 AOS fee. If you want it, you have to fill the form I-765. If you don't want it, do not fill the form. Either way, you are paying $1,010.
 
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