(Urgent) Graduating on F-1, Pending I-485, Approved EAD, Can I work Legally

xyzh1bquestion

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xyzh1bquestion

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Dear Readers,
 
Thank you for reading this long email, Appreciate your legal advice/suggestion.
 
I will appreciate if you can provide me guidance/advice in the situation I am in. I am currently pursuing Studies on F1-Visa. About to Graduate in Dec 2013. My Husband is on H1-B visa and he recently filled for Green Card (I-485) for both of us as his priority date was current. But both of us didn't receive the Green Card and its in pending condition as the dates have retrogressed back to Nov 2004 (EB2, India). But my EAD and Advance Parole application is approved and I has receive the EAD/AP Card. 
 
Since I will graduate in Dec 2013, I found a Job and on Dec 1st 2013, I started working Full time on basis of GC EAD card. I have not received my pay check yet. I thought i will have no issues working on GC EAD card until I saw the below email reply from my university. So need advice/guidance.
 
I mentioned my situation to my University International students office and following is there reply.
What action do i need to take to keep me out of trouble with USCIS i.e. I need to know action to be take to maintain legal status in USA and don't jeopardize mine Green Card Application and don't want me to have issues with Customs and Immigration officers will making a international Travel.
 
Do i have to stop working/ leave the job?
Do i have to change my status from F-1 to H-4?
 
What is your suggestions / comments on this issue?
 
Thanks

 

Question Asked to University:

I had a question regarding the F-1 visa expiry. 

My husband had submitted I-485 for me when his green card application became current in September this year. I had applied for EAD card based on the green card. I have received my EAD card and my green card application is in process.

The EAD card also serves as an advance parole in case i want to travel out of the country and return. 

I wanted to check with you in this case, do I need to apply for transfer from F-1 visa to H-4 visa to maintain legal status?

Please let me know.

Thanks & Regards,

 

University Reply:

 

Here are the basics:

 

Your F-1 status expires on 12/31/13 – the end date of your program of study on your I-20.  You typically have 60 days to either start another program, be in the process of an OPT application, or leave the country.   Since you have informed me that your husband has applied for permanent residency for you and you are waiting for your approval (and have already received your EAD card for advance parole), you can complete your program of  study as an F-1 as long as you have not used your EAD card  for travel or work – which would abandon your F-1 status.

 

I spoke with Chris ********* about your situation and he also suggested that you might want to apply for OPT to fall back on in case your green card application has not been processed by the end of the 60 day grace period.  FYI – the filing fee for an OPT application is $380. 

 

I hope all of this makes sense.  Please let me know how you plan to proceed – and let me know if you receive your final approval for your green card.

 

 
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pontevecchio Advanced Member

pontevecchio

Posted
Posted

Why in hades would you ask the DSO? Your DSO is wrong. YOUR F1 status is gone. You are awaiting AOS and any work you do will be based on the EAD based on AOS. You cannot apply for OPT. As a person awaiting AOS you have every right to continue your studies till completion.. Discuss the matter with your Lawyer if you are so inclined. What university do you attend?

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catx Advanced Member

catx

Posted
Posted

My daughter was in a similar situation.  A derivative I-485 adjustment of status application was filed for her based on my I-485 adjustment of status application (my priority date is still current), and this week we received her EAD / AP "combo card".  She has been keeping her university's international students services office informed of her status (i.e. provided a copy of the I797C, Notice of Action receipt for the I-485 adjustment of status application, and will provide a copy of her EAD / AP card), and there have been no issues.

 

She could not travel outside the U.S. once the I-485 adjustment of status application was filed as her F-1 visa was then no longer valid, but that is not a restriction anymore with her advance parole approval on her EAD / AP card.  She has been working part time at one of the university libraries, and will continue to do so on her EAD.  (She will also be providing the university employment office with a copy of her EAD card.)

 

As I have come to learn, unfortunately DSOs are not as well informed about immigration laws as we would hope.  Also, there is no need change status to or otherwise get a H-4 visa.

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t75 Advanced Member

t75

Posted
Posted

 

Dear Readers,
 
Thank you for reading this long email, Appreciate your legal advice/suggestion.
 
I will appreciate if you can provide me guidance/advice in the situation I am in. I am currently pursuing Studies on F1-Visa. About to Graduate in Dec 2013. My Husband is on H1-B visa and he recently filled for Green Card (I-485) for both of us as his priority date was current. But both of us didn't receive the Green Card and its in pending condition as the dates have retrogressed back to Nov 2004 (EB2, India). But my EAD and Advance Parole application is approved and I has receive the EAD/AP Card. 
 
Since I will graduate in Dec 2013, I found a Job and on Dec 1st 2013, I started working Full time on basis of GC EAD card. I have not received my pay check yet. I thought i will have no issues working on GC EAD card until I saw the below email reply from my university. So need advice/guidance.
 
I mentioned my situation to my University International students office and following is there reply.
What action do i need to take to keep me out of trouble with USCIS i.e. I need to know action to be take to maintain legal status in USA and don't jeopardize mine Green Card Application and don't want me to have issues with Customs and Immigration officers will making a international Travel.
 
Do i have to stop working/ leave the job?
Do i have to change my status from F-1 to H-4?
 
What is your suggestions / comments on this issue?
 
Thanks

 

Question Asked to University:

I had a question regarding the F-1 visa expiry. 

My husband had submitted I-485 for me when his green card application became current in September this year. I had applied for EAD card based on the green card. I have received my EAD card and my green card application is in process.

The EAD card also serves as an advance parole in case i want to travel out of the country and return. 

I wanted to check with you in this case, do I need to apply for transfer from F-1 visa to H-4 visa to maintain legal status?

Please let me know.

Thanks & Regards,

 

University Reply:

 

Here are the basics:

 

Your F-1 status expires on 12/31/13 – the end date of your program of study on your I-20.  You typically have 60 days to either start another program, be in the process of an OPT application, or leave the country.   Since you have informed me that your husband has applied for permanent residency for you and you are waiting for your approval (and have already received your EAD card for advance parole), you can complete your program of  study as an F-1 as long as you have not used your EAD card  for travel or work – which would abandon your F-1 status.

 

I spoke with Chris ********* about your situation and he also suggested that you might want to apply for OPT to fall back on in case your green card application has not been processed by the end of the 60 day grace period.  FYI – the filing fee for an OPT application is $380. 

 

I hope all of this makes sense.  Please let me know how you plan to proceed – and let me know if you receive your final approval for your green card.

 

 

 

 

Apparently the DSO was not informed that she already had worked on EAD. She did make the point in the email.

 

Her classes are likely over with a Dec graduation so a Dec 1 start is not unusual.

 

I suggest she and husband have a discussion with attorney handling his case to clarify options and proper actions in the future.

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