I have an F-1 visa and recently applied for EB-5. I am in the United States. I received my EAD and my AP. I have not yet received my I-526. I was able to get an internship for my junior year of college for 12 weeks in the summer in the US. Initially, I would use my CPT from college to work during the internship. However, now that I have received EAD valid for 5 years, can I use my EAD for the internship? Or am I still allowed to use the CPT?
Answers
Tony W. Wong
Immigration attorneysYes, you're still allowed to use the CPA. If you can keep your CPT for the internship, it is better because you still maintain your F-1 status while your I-485 is pending. However, if you use the EAD under your I-485, it means your status will be changed to adjustment of status (AOS). In case your I-526 or I-485 is denied, you may not go back to your F-1 status in the U.S., that means you will be out of status and you need to leave the U.S.
Ying Lu
Immigration attorneysI would suggest you use your CPT before you get your I-526 approval so that you can maintain your non-immigrant status.
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