H4 to F1 now got EAD & now graduated

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ranone101

Registered Users (C)
Hi
I'm currently under permanent resident process with my dad employment process.
So I was 16 years old when he filled for it, so I was on H-4 till I was 21 years old.
At this time we didn't have EAD, so my lawyer suggested us I get F-1 visa, with in 2 years after my F-1 visa, me, my mom & dad got our EAD and been renewing it.
So my mom is not on H-4 any more just on that EAD and 485 pending,
So here is my question, I graduated last December, I have 60 days to file for OPT, I was about to file it but my international advisor told me I have work permit that is my legal document to stay in states till my 485 is approved, so my main question is do I need to maintain my F-1 status? Or I should not continue my F-1 and be on status like my mom?

Please only please me legitimately answer since I will be depending on your answer.
Thank you
 
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So your I-485 was filed when you had F-1 status? And you obtained EAD as a result of that I-485?

If the answer is Yes to both, and you have not left the US since changing to F-1 status, you don't need OPT, you can just use the existing EAD to work. And since that EAD was obtained pursuant to your I-485, it can be used for any job, there is no OPT restriction where the job has to be related to your field of study. There is no need to keep F-1 status or follow the F-1 restrictions while your I-485 is pending. With an EAD and I-485 you can work in any job that will hire you, you can continue studying, or you can decide to neither study nor work.

However, answer these VERY IMPORTANT questions, because your I-485 may be in jeopardy depending on your answers:

1. Did you leave the US after your I-485 was filed? If yes, did you use the F-1 visa to reenter, or did you use H4 or Advance Parole?
2. Was your last entry into the US before the I-485 filing done with an F-1 or H4 visa?
3. If your last entry prior to I-485 filing was done with an F-1 visa, was that entry within 90 days of the I-485 filing?
4. Have you ever been out of status?
 
Hi
Thank you very much for your reply,
I don't know I have ever been out of status, and I have never travelled outside of US since I first came in to states which was 2000, I never applied for social security of work permit under my F-1 status via my school, I've got all my social & EAD via my 485 but after my F-1 from H4 under my dads employment.
 
Assuming you didn't go out of status (such as by not studying full time* while on F-1 status, or working off-campus without authorization) you should be OK to keep your I-485 alive and work with your existing EAD. Your F-1 is done and has no more use.


*apart from allowable exceptions such as the summer break or medical reasons
 
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