Received EAD through 485 but no SSN

[appu_123]

Hi All,

My wife is on F1 (Student Visa) and we got married in June 2007. I am on H1B visa since Nov-2003.

We both applied for I-765/I-131/I-485 in July 2007 (when dates were current in July 2007).

We both have received our respective EAD cards (I-765) through I-485 application. I-485 is still pending.

So, my wife, although on F1 visa, has received her EAD through I-485 application as she was eligible to apply being my wife and I was eligible as I am on H1B and my company offered Green Card. Her EAD is not based on OPT/CPT which F1 visa holders may get.

Now my wife does not have SSN as she never intended to work. Now we want to have her SSN as I can then jointly file our taxes in coming year and can get good tax deduction. Also applying for her SSN will help to make her credit history.

But she still prefers to be on F1 visa.
And I am going to continue on my own H1B visa.

So, my question is
Question 1
A) If we show the EAD (received through I-485 application) and get her SSN, would that be interpreted as she has actually used her EAD and will invalidate her F1 status?

B) Or would that not be counted as actually using EAD and she will be still on F1 and get her SSN?

Question 2
What are the pros & cons of using EAD for a 3 month job in the vacation break she gets.

Your response would be highly appreciated.

 

[tommyip]

This is just what I think and not a legal advise, please consult an appropriate attorney.

Obtaining SSN does not interpret as using EAD, Working on EAD is what makes EAD being used. As soon as she start working on EAD, and since it's obtained based on 485 she will abondon her F-1 status. However she can continue her studies since she will turn into AOS.

F-1 is not supposed to have an immigrant intent. Please consult an attorny to discuss this and get opinion on Q2.

 

[nrp_nrp]

So, my question is
Question 1
A) If we show the EAD (received through I-485 application) and get her SSN, would that be interpreted as she has actually used her EAD and will invalidate her F1 status?Merely getting her SSN shoud not invalidate her F-1 status

B) Or would that not be counted as actually using EAD and she will be still on F1 and get her SSN?
THATS Correct. Please note that she is a derivative applicant so nothing impacts
Question 2
What are the pros & cons of using EAD for a 3 month job in the vacation break she gets.She is a derivative how does that matter? Consult an attorney

Your response would be highly appreciated.

 

[unsure]

Question 2
Being an F1 student your wife can get CPT EAD through her school. This is authorization to work while you are on F1 visa - and is usually for a several months during the summer. I think CPT means Curriculum Practical Training. This way she will not be connected to the AOS application and still can work. It is relatively easy procedure, she needs to talk to the international office in her school to help her.

The con of CPT is that if you use it you cannot use the full OPT at the end of the program. The job needs to be in her area of study. No other cons as far as I remember.

Still it is a good idea to consult with your attorney before you do anything.

 

[v_atray]

Here are my two cents. F1 is a non-immigrant visa while H1-B is a dual intent visa. Now that your wife has filed for her green card, her F1 is automatically cancelled. Next time she steps out of US, she cannot use F1 visa to re-enter. She will have to use her AP. You can use H1-B as long as you continue working for the employer who sponsored your green card.

I dont think that she will be able to get one on the basis of F1 visa. She should just use the EAD she got by filing her I-485.

Also you dont need SSN to get a good tax deduction. IRS issues ITIN for people who are ineligible to get SSN (on dependent visa).