Question on RA

M

mfe

Registered Users (C)
My wife is a F-1 student and her AOS application was filed last yr right after marriage. We did not apply for her EAD as we thought she does not need a EAD to work in school. Today I read an article on the web saying that once she applied for green card, her status as F-1 would be automatically revoked and now she is in AOS status or dual status.

Is she now in dual status? Having F-1 and AOS at the same time?
I am asking this because she will be travelling this March. If she uses AP upon entry, will she need a EAD in order to work as RA in school? Or it would be illegal isn't it?

Thank you for any reply. Appreciate it.
 
I'm astonished by the article you read. It sounds to me
equivalent to saying that "as soon as you submit I-485,
your H1 is revoked and you have to work on EAD to be
legal."

I am on F1 and work as RA too, without an EAD. If what this article says is true, then I've been working illegally for more
than one year!

This is only an analysis from logic point of view. Since
astonishing things do happen from time to time, check with
INS or your lawyer, to be safe.

(I will continue working at school without an EAD anyways.)
 
wac-02-068,
first of all H and L visa types are different and do not fall under the same category as F visa so one cannot deduce the same about them, and this is a fact that H and L visas are not cancelled once 485 has been applied for H/L holders..

now re F-1, theoretically it gets cancelled as soon as you apply for I-485 (because of conflicting motivations - non-immigrant v/s immigrant intentions ) but in practice this again falls under one the INS gray areas...from what i have heard from lawyers...so its best to apply for EAD as soon as possible once you have filed for 485 on F-1.

again please confirm with your lawyers as what i have stated is based on what i was told. ( my wife was also on F-1 and we applied for her EAD as soon as we filed the 485 for her and she is now studying on EAD.)
 
Thank you both for the input. I recall that my lawyer told me that applying for AOS will not cancel the F-1 status. Now what I am not sure is whether re-entering using AP will cancel the F-1. If it will, I would have my wife applied EAD asap or she will not be able to take on-campus job, ra, ta, etc.
 
mfe,
I don't think whatever the article said is true. F1 does not get cancelled when you file for AOS. When you apply for 485, basically this is the transition period from non-immigration to immigration visa. For your wife's case it's F1 (which is non-immigrant status) to green card (immigrant status). That's why they called it "adjustment of status". Don't worry, till your wife's I-485 decision is made (approved or denied) she is in dual status - that means her F1 ia valid too.

Originally posted by vtg
now re F-1, theoretically it gets cancelled as soon as you apply for I-485 (because of conflicting motivations - non-immigrant v/s immigrant intentions )
Click to expand...

H1/H4/L1/L2 these are all non-immigrant visa - just like F1. When you filed for AOS, you changed your intention from non-immigrant to immigrant - and it's true for any non-immigrant types - H/L/F.
 
prelay

Thank you for your insight. However, I think your argument is true if the applicant stays in the US for the whole AOS period. Once the applicant leaves the country and re-enters, his original status would be gone.

I will ask my lawyer tomorrow in details and post here.
 
mfe,

H1/H4 do NOT fall non-immigrant visa category, they fall under dual-purpose category. A F1 visa is a NON-immigrant category and filing for AOS will be considered as conflict in visa status. Technically, You should apply for an EAD to continue with the RA. But what you are doing is the correct thing, refer to your attorney since they are the best people to advice you on this.


wac-02-068,

Actually there is no logic to your statement, since H1 and F1 are two totally different visa categories. The rules that apply to one are not necessarily the same that apply to the other. The primary difference being purpose of stay between the two visa's.

With regards to your very defiant statement on
I will continue working at school without an EAD anyways.
Click to expand...
I strongly advice you to talk to a lawyer about your case. It is better to be safe than sorry and talking to a lawyer who is working for your primary applicant about this situation will make good sense.

With RFE's being so common these days there is a higher degree of perusals which each case gets from the IIO. No point in screwing up something so major for something so small as an EAD! Good luck with both your cases!
 
140_takes_4ever

Here is my attorney's answer:

I understand your wife's case.The lack of clarity stems more from INS than either of us.Because of that, we can only discuss possible risks, and see what transpires¡K

She needs something to be permitted to work on campus, whether that is an EAD arising out of the AOS filing, or curricular or
optional practical training arising from the F-1. Advance Parole does not confer work authorization.

His answer is very vague and I am totally lost. Does that mean if an F-1 applies for AOS, she cannot do any sort of on-campus work until she gets EAD or iEAD?

What do you guys think? This should be a common scenario. Anyone know anything about this?
 
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