Can I work in the U.S. with a pending I-485 while on an F-1 visa? - EB5Investors.com

Can I work in the U.S. with a pending I-485 while on an F-1 visa?

I am an international student in the U.S. on an F-1 visa. I have applied for an adjustment of status (I-485) and received an Employment Authorization Document (C(9) EAD). If I start working in the U.S. based on my EAD, would I be legally ineligible to continue my education under F-1 visa rules? Additionally, if I lose my F-1 status, can I still continue my studies with a pending I-485 application?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

Tricky question. If you work with the EAD, you are not technically maintaining F-1 status but if you continue in school and for some reason I-485 is denied, you can go overseas to get back into F-1 status.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys Directory
Answered on

You have to pick one – F1 or AOS Pending EAD. You can attend classes with AOS pending. Speak with your school to find out what is required.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

You can work with your EAD and you can also maintain your F-1 status if you so choose.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.