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Aria19     09/17/2019 15:21 PM

Hi all,
Are there anyone who have applied employ basement visa as a F-1 visa holder? I am the one who applied EB3 while I am attending a college. I finished my interview on August, 2019 and my I-131 is just approved. I haven't received I-765 & EAD card yet though. 

My question is if I could work with I-765 & EAD card as a F-1 student. I've heard below. 
First, it is illegal to work as a F-1 visa holder. 
Second, one should maintain his or her status until I-485 is approved in case I-485 is denied. 

However, according to my attorney, I must attend school to maintain my status as F-1 and/at the same time I can work with I-765 approval/EAD. I told what I knew(above) to her, and asked her if there is any reference to look it up to double-check. Then, she said there is no reference and each attorney interprets the law arbitraily.
Has anyone had the same issue? 

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bellabatt     09/17/2019 18:09 PM

If you receive your EAD card, you can work legally. It doesn’t matter if you’re F1 student or not EAD is what it matters.


Aria19     09/17/2019 20:23 PM

Thank you for sharing.

What I heard was it matters when your I-485 is denied. Once it is denied, you need to go back to your F-1 status. However, you have violated one of crucial rules of F-1, which is one can't work with F-1 by the time you go back to your status F-1.

I'll also check with the school and another attorney if I could and will update. 


december2018filer     09/18/2019 08:05 AM

You can work on F1 visa as long as you have valid EAD but always keep youe F1 Status valid so you can go back to F1 if your I-485 denied otherwise you have apple for new F1 VIsa from your home country.


Ruka     09/18/2019 10:45 AM

The second advice you narrated is your best option. Once you activate your EAD, you loose your F1 status . So if unfortunately your Adjustment is denied, that means you will leave the country. You might just wait a few more months for your interview. Best wishes!!


december2018filer     09/18/2019 11:22 AM

No, EAD activation doesn't make any changes to F1 Status as long as it's valid or unless reenter in US using EAD + Travel document.


Aria19     09/18/2019 12:10 PM

Thank you for sharing what you folks know about the issue. Somehow people have different answers for this issue.


aldrich2007     09/20/2019 11:45 AM


F1 (student visa) are allowed to work (part time ONLY) with their school permission. Apply for SSN- then you can work part time. But of course, you have to maintain your status as F1.

Now, question for you:
How did you get EAD? Base on what application?


Aria19     09/20/2019 14:57 PM

What you stated is what I knew with OPT/CPT. I haven't received EAD yet under EB3.


Marinaaguirre1     10/04/2019 21:15 PM

Unrelated question. How long did your process take until now? And what country are from oroginally? I’m doing the same process and I’m just curious on an estimated time.


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