Student F-1, I-140, social security card replacement, confused...

T

thisisfiona

New Member
Hi,

I am deeply confused and would appreciate some help here!

I started college in the US two years ago on F-1. My parents, who were on H1 and H4 respectively, filed for permanent residency with me as an dependent. Our I-140 was recently approved, so we are just waiting for the I-485 approval, which has also been filed.

My questions is:

1. what is my current status? Is it F-1, or is it a separate transition-status?

2. I applied for a social security card before we filed for green card, as I was working an on-campus job. I got the number and all was good. Then I lost my social security card! Argh. In order to file for a new one card (which I need to keep working/earning money), I have to prove that I am in valid F-1 status - am I? Would I be able to get a card replacement if schools/social security department knows that we have filed for permanent residency and our I-140 has been approved?

I called my school and they are not allowed to comment on permanent residency-related issues for some reason.

Turning 21 isn't an issue for me.

Thanks so much! I am so confused and would appreciate some inputs...
 
If you did not apply for employment authorization when you submitted your I-485, you will need to do that right away. With an EAD you should be able to obtain a replacement social security card. In fact, you do not need a new card you only need to obtain a replacement.

One question: is it your social security card that is lost or your employment authorization document, EAD? Because evn to work on campus you need an EAD and not just SS card alone.

As to your status, if you have filed I-485 you are awaiting AOS and your F1 status is lost as you have expressed an intent to immigrate.
 
Hi Fromnaija,

Thanks for the reply - I never applied for an EAD. My school allowed me to work on campus with just a Social Security Card. This is an on-campus student job btw.

I understand that I will be applying for a replacement, but they still require the same documents as if I'm applying for a new one.

It's my SS card that's lost. My parents stay that I am maintaining dual-status - both F-1 and AOS. They are concerned that once I apply for an EAD, I will lose my F-1 Status, but according to you it seems like when we filed I-140 and I-485 I had already lost my status? It's really frustrating as my school refuses to advise me on this as they are not allowed to comment on immigration-related issues....
 
My children are in exact situation as you are except that they had H4 and not F1. H4 is what is called a dual-intent visa which F1 is not. So, once you filed I-485, you have expressed an intent to immigrate and your F1 is gone even if you did not apply for EAD.

The only way to get a replacement SSN card now is to apply for EAD and use that as supporting document for SSN card application.

To be technically correct, it is not your parent's submission of I-140 that invalidated your F1 but the submission of I-485 for you. The I-140 is NOT your application but the I-485 is.
 
Thanks again for the response!

I did some research, and it seems like there are differing opinions when it comes to whether I-485 invalidates F-1. Some lawyers argue that in order to lose F-1 you have to be not enrolled as a full-time student, work illegally, etc, and filing I-485 isn't one of the things that invalidate a F-1. As to immigration intent, they argue that intent only matters at time of applying for F-1, as the fact that F-1 can apply to be H-1 who can apply for green card means the system allows you to change your mind.

There seems to be a gray area - o well, I am going to apply as F-1 and see if I have any luck. If not, I guess EAD is the only way to go. Thanks again fromnaija!
 
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