Status from F1 to EAD

T

terminator

Registered Users (C)
Can anybody guide me regarding the following.
My Wife is in school. She is on F1. She got her EAD and Advance parole last year in november. My question is what is her status now.
Is her F1 still in status?
Can she works part time on EAD and goes to school part time?
If her F1 is not valid anymore because of EAD then can she not continue school?

Thanks in advance...
 
I\'ll help with whatever knowledge I have..

Your wife has her F1 status valid as long as she is either going to school full time, or if she has an EAD (practical training period) valid which is for upto a year after graduation. Once that EAD expires, her F1 status is invalid unless she goes back to full-time school right away.
One thing I don\'t understand- how did she get an "Advance Parole Document"!? You don\'t get that on F1. Unless if she got that through you filing for her Adjustment Of Status (AOS) which is Greencard. In that case, she is no longer on F1 if she used her Advance Parole. Once you change your status, your old status is invalid. Note- I didn\'t mean that she is out of status, just meant that her old status is invalid!
Regarding her EAD- she can always go to school part time under most immigrant/non-immigrant status- one exception I know is Tourist Visa, in which you can\'t study either without changing over to F1. So yes, she can go to school part-time (or full-time) under her EAD validity period.
If she doesn\'t have any valid status, she can\'t continue school without changing over back to F1 and going to school Full-Time!
I hope this helps!
(Did I mention earlier that Arnie got $30million in advance for Terminator 3? Arnie\'s a rich man.)
 
I guess I am a rich man. Thanks for the advice.

Just to clarify, she got her AP because I have filed for AOS.
 
I agree with yeepee

Terminator,
      The moment yr wife applied for AOS ... her visa status changed from F1 to AOS. Also, F1 is a non-immigrant visa. If she was working (part-time 20 hrs/week) with her F1 status ... which is allowed by INS ... she would have to switch over to EAD now. Her F1 is no longer valid. For the time period b/w .. her AOS application (RD) and EAD ... I think she can not work. Confirm this with yr attorney.
-satsri
 
I don\'t think so

If my wife is on AOS status how come I am still on H1 status. Your status changes only if you use your EAD or AP. She has not used either of them yet. We applied for AOS on june 5th. My wife was on F1 at that time. She was also working on F1 for 20 hrs/week for the whole of 2001. Now, she has got her EAD on Nov 2, 2001. She still has the spring semester to go. My question is that if she uses her EAD to work off campus for 20hrs or more and still go to school will it violate the rules. Also, I think the EAD obtained through AOS process is not the same as EAD obtained via practical training. If she uses her EAD I think it will cancel her F1 status and I am not sure if she can still continue school ..
 
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