pending 485 status validity ?

S

sammygc

Registered Users (C)
Hi guys...
my wifes F1 visa and I-94 are expiring in Aug ...
we have filed for 485 / AP / EAD in April 03 ...
was wondering if 485 pending case legal status...
we dont have approved AP / EAD / 140 ...

also i heard we can get AP from local INS after 90 days ..
is it true ... my receipt says this case will take 150 to 180 days...

thanks!!
 
no problem

As long as you have your and your wife's I-485 receipts, you are in good status. Her F-1 is invalid after filing I-485. But with the I-485 receipt she can go to school. However, without EAD, she can't work, even on campus (like TA, RA). You need AP only for travelling abroad.
 
Your wife is now I485 adjustee. As soon as EAD is approved she should use EAD in school.
Emergency AP can be accorded if you have some documented emergency. 90 days is for interimEAD
 
No EAD needed unless accepting payment from school

I am pretty sure about that. Unless you work at Campus and accept salary (assistantship) from the school, no EAD is required.

Originally posted by jaxen
Your wife is now I485 adjustee. As soon as EAD is approved she should use EAD in school.
Emergency AP can be accorded if you have some documented emergency. 90 days is for interimEAD
Click to expand...
 
can you work on PT EAD with 485 filed?

thanks for the answers ... also wanted to clarify ...

if F1 get invalid after 485 is filed, can you work outside
campus with Practical Training (PT) EAD ?

thanks!!
 
Will this be a problem if the wife applies I-485 while attending
school with assistantship in F1 status? How about the gap
between I-485/AP/EAD submission and EAD approval?

Thanks for any feedbacks!
 
Re: can you work on PT EAD with 485 filed?

Not sure about this situation. Better consult an attorney.

Originally posted by sammygc
thanks for the answers ... also wanted to clarify ...

if F1 get invalid after 485 is filed, can you work outside
campus with Practical Training (PT) EAD ?

thanks!!
Click to expand...
 
I think that's a gray area. Mayby some guru can answer this question.

Originally posted by huhuhu
Will this be a problem if the wife applies I-485 while attending
school with assistantship in F1 status? How about the gap
between I-485/AP/EAD submission and EAD approval?

Thanks for any feedbacks!
Click to expand...
 
Need to have EAD

Several months back, I was in Memphis ASC for my IEAD. Saw several students there to get their EAD to be able to work in school for any thing. I understand, we need EAD for any type of work, even if it is paid by the school. Schools help you get this EAD on student visa, not sure about after application for 485.

But at the moment EADs are getting approved in time, so what is the problem? And after 90 days, you can get IEAD from local office.
 
Re: Need to have EAD

F-1 students are allowed to work within campus without EAD after 9 months at school. Some students apply for PT (practical training, one form of EAD) when they graduate in order to work anywhere. They are still F-1 during the PT (EAD) period.

Originally posted by may01
Several months back, I was in Memphis ASC for my IEAD. Saw several students there to get their EAD to be able to work in school for any thing. I understand, we need EAD for any type of work, even if it is paid by the school. Schools help you get this EAD on student visa, not sure about after application for 485.

But at the moment EADs are getting approved in time, so what is the problem? And after 90 days, you can get IEAD from local office.
Click to expand...
 
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