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If F-1 students use EB-5-based I-485 EAD, will they lose their student status?

I already got my I-485 EAD based on EB-5. I am currently working under CPT, which will expire on June 30. I have not used the I-485 EAD because I want to keep my F-1 status until I get green card. I also have applied OPT, which is still pending. In this situation, what should I do when my CPT expires? Should I start using my I-485 EAD, or should I wait for the OPT to be approved?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Working on your I-485 EAD should not result in the termination of your student status. Only termination of your status in SEVIS will do that. If you want to be conservative you can wait for the OPT card, but working on a legitimately issued card cannot be a violation of status.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    The conservative approach is to maintain your underlying F-1 status until your I-485 gets decided. You should expect an employment-based interview for your pending I-485 case under current administration.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may continue to use the work card associated with OPT until it expires, then use the I-485 one.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you can maintain your F-1 status it would be best for you in the long run. Also, be careful not to work without permission.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Consider start using your I-485-related EAD.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You can start using your EAD based on your I-485 as soon as you receive it.

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    Charles Foster

    Immigration Attorney
    Answered on

    To a significant extent, it is difficult to maintain F-1 non-immigrant status and related OPT when you've already filed all the application for adjustment of status. If you have CPT or OPT, you can certainly use that while you're waiting for the approval of your EAD. If you have your EAD, whether you use it or not, in any event it would be difficult to impossible for you to travel abroad and be re-admitted in F-1 status, as you would be deemed to have abandoned your application for adjustment of status. Additionally, by definition, an F-1 student is one who has no intention of abandoning his residency abroad, which is inconsistent with your application for adjustment of status. When your CPT expires, if you have an EAD based upon your application for adjustment of status, you should go ahead and use that.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, if you work under the I-485 EAD you would no longer be maintaining F-1 status.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Your question is very interesting. Using your approved EAD will have no negative effect on your existing F-1 status. Once your CPT expires on June 30, you can go ahead and use your EAD to continue to work legally in the U.S. Let's hope for the best that your I-485 will be approved and you will be issued a conditional green card. With that, you will no longer need the F-1 visa. If your I-485 is denied, as long as you maintain your student status in the U.S., you should again have no issues to remain in the U.S. If your F-1 expires, you will most likely have difficulty getting a new F-1, or OPT for that matter, since you have already shown your intent to immigrant to the U.S.

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