While on an F-1 visa, I filed for the EB-3 (other) category (priority date 08/2020) with the I-485 pending. In Sept. 2022, I started working with my I-485 EAD. I graduated in Dec. 2022 and got my OPT approved in Jan. 2023. Am I in valid F-1 status? When I started work on the 485 EAD, did it terminate my SEVIS? How can I confirm my F-1 validity? Can I work two jobs – one on OPT and the other with 485 EAD?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can work on your adjustment based EAD. It is not really desirable to have both student and adjustment work authorization. While SEVIS may not have been automatically terminated, you should use your adjustment based EAD to work.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyFrom the facts here, it appears you have not maintained F-1 status, but it is ok to work more than one job with your I-485 EAD.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYour school maintains your SEVIS and once you tell them that you have a pending I-485 AND a valid EAD, they will be able to tell you the validity of your F-1.
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