My son has been in the U.S. on F-1 status since 2016. He was in college when we sponsored him for an EB-5 visa. He got his I-526 approved and filed his adjustment of status application in November 2018. He also got the EAD and advance parole combo card as well as his SSN card in January 2019. He has been admitted to a master’s program of another university that will start in three months. Can he work on his EAD card without affecting his F1 status for his master’s program? Will this affect the transfer of his SEVIS record from one school to the other?
Answers
A Olusanjo Omoniyi
EB-5 Immigration attorneysDefinitely, if he is transferring from one school to another, SEVIS processing will be involved but his filing of I-485 will only be noted but not serve as a stumbling for processing of his F-1 visa. He should work with the international/foreign student advisors of the schools involved. Also, he will continue to be on F-1 even though he had filed I-485, but with the filing, he can stay in the country.
Bernard P Wolfsdorf
EB-5 Immigration attorneysThe filing of the adjustment does not automatically terminate his F-1 status. If the adjustment is denied, he might be able to revert back to F-1. It is not clear whether or not he will be able to do so if he works on his EAD, but this appears to be a grey area.
Salvatore Picataggio
EB-5 Immigration attorneysOther than the requirements of the school, he is a pending immigrant now, so studying as an F-1 basically ended.
BoBi Ahn
EB-5 Immigration attorneysUnless there is a reason for him to maintain his F-1 student status, which you have not stated, based on the info you provided, he no longer needs to maintain his F-1 status in order for him to study, work or remain in the U.S., since he has a pending adjustment of status with an EAD/AP issued.
Hassan Elkhalil
EB-5 Immigration attorneysIt will not affect his SEVIS. He can work anywhere in the U.S. He can study at any university in the U.S. At certain universities, he may still be considered as an international student for tuition until he receives the approval of his adjustment of status application.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysHe cannot maintain F-1 status while also utilizing his EAD card. In my opinion, based on the facts presented above, he no longer needs the F-1 status.
Stephen Berman
EB-5 Immigration attorneysYes, he can work if he has an EAD and it would not violate his F-1 status.
Charles Foster
EB-5 Immigration attorneysYes, he can work on his EAD and can now abandon his F-1 since he is an applicant for adjustment of status with work authorization.
Lynne Feldman
EB-5 Immigration attorneysHe may work using the EAD card and can show that to the university as evidence of his adjustment pending status.
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