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How can an EB-5 investor study or work in the U.S. with a pending adjustment of status application?

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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The 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.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Other than the requirements of the school, he is a pending immigrant now, so studying as an F-1 basically ended.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Unless 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.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, 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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    He may work using the EAD card and can show that to the university as evidence of his adjustment pending status.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, he can work if he has an EAD and it would not violate his F-1 status.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    He 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.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    It 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.

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