If I get EAD, do I also need to have a valid visa???

R

rramak

Registered Users (C)
Hi,
My wife's I-20 expires in September and so does her F1 visa. However she had applied for EAD along with AOS in Feb '05 but is yet to receive the same. We were planning on getting an interim EAD for now.

Assuming she does not get her green card before Sept, does she still need a valid visa or is the EAD considered to be equivalent to the I-20 thereby maintaining status?

Thanks for your help.
 
She is getting EAD as Practical Training or Employment Authorization based on pending I-485? If its the later, you are ok. However, if you are getting a Practical Training, she will have to maintain her F-1 status. Ofcourse visa stamp is not required but mainting a full time student status is.
 
rramak said:
Hi,
My wife's I-20 expires in September and so does her F1 visa. However she had applied for EAD along with AOS in Feb '05 but is yet to receive the same. We were planning on getting an interim EAD for now.

Assuming she does not get her green card before Sept, does she still need a valid visa or is the EAD considered to be equivalent to the I-20 thereby maintaining status?

Thanks for your help.
Click to expand...


Since your wife applied for EAD along with AOS, you are maintaining status in USA as "pending I-485" and do not need a Visa. Of course, you cannot leave the country until you get an AP or your green card. Actually I believe that at this stage, your status in USA is "pending I-485" and not "F-1" any longer.

Go Bucks
 
Is it not true that once you have filed form I485 and you have received a receipt Notice for that, your status is AOS and you don't have to worry about maintaining it with F1 or H1?
 
I want to agree with Amishah on that one.
“the pending I-485” is not really a status. It’s just a right to live and work legally in US while your aplicationt for a Green Card is pending.
When you file your family based AOS there is a question on the application “what is your present legal status in USA?” And you have to write it down if you have one.
Whatever or not you wish to maintain if after you filed for family based AOS is another question.
 
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