Does AOS-based EAD violate my F-1 status

[Tracker 0]

Hi there,
I had a question about using my AOS based EAD while I am an F-1 student. 
My i-485 application is pending, and my EAD card is about to arrive soon, but I've read that using AOS based EAD would violate my f-1 status. 
I've always maintained it, and still want to until I actually receive my green card and I'm still pursuing my bachelor's degree anyway.
I've asked my DSO but he seems to think that I can't use my EAD, but judging from our conversations I think most DSOs are pretty unaware of the whole immigration process. So I don't want to just take his word for it. 
If using AOS based EAD is not an issue usually, would it be at the discretion of the University still? To let me maintain my legal f-1 status?
Thanks for your help!

[A&H2018 146]

If you work you will lose F1status. If you use EAD to get a drivers license, ID nope thats fine. If you use AP you lose F1 status.

F1 is not dual intent visa, moment your intent changes you lose future status.

[Jojo92122 1,924]

If you use a benefit from AOS and your green card is approved, then you don't have a problem.

 

If you don't use a benefit from AOS (i.e. did not use the EAD from AOS) and your AOS gets denied, then you did not violate the terms of your F1 status.

 

If you use a benefit from AOS and your AOS gets denied, then your F1 becomes invalid.

 

The problem is that AOS denial is bad.  Using the EAD from AOS to work while your AOS is processing would be a violation of your F1 status if AOS is denied.    

 

 

[italiansf 40]

I'm currently on a F1 too, and I'm outside the USA and I'll use my AP at the end of the month to get back, and I already used my EAD after I got it...

I'm planning to attend school, asking for a reduced course load because I'm pregnant.. I'll talk with my counselor when I get back and I'll see what he will tell me..

[Jojo92122 1,924]

1 hour ago, italiansf said:

I'm currently on a F1 too, and I'm outside the USA and I'll use my AP at the end of the month to get back, and I already used my EAD after I got it...

I'm planning to attend school, asking for a reduced course load because I'm pregnant.. I'll talk with my counselor when I get back and I'll see what he will tell me..

Since you are using AP, then you are using a benefit from AOS.

 

If AOS is approved, then you get a green card.

 

If AOS is denied, then you have violated the terms of your F1 status because you used AP, a benefit of AOS.

 

 

[Tracker 0]

Can I still continue going to school though? 

If I use my EAD hoping that my AOS won't get denied, and I'm not technically in f-1 status anymore..would that send red flags and I'd have to stop studying?

 

[azblk 338]

16 hours ago, Tracker said:

Can I still continue going to school though? 

If I use my EAD hoping that my AOS won't get denied, and I'm not technically in f-1 status anymore..would that send red flags and I'd have to stop studying?

 

yes you can continue going to school. Depending on your school/state it may even be cheaper for you to change your residency if your school considers AOS pending as instate.

[italiansf 40]

23 minutes ago, azblk said:

yes you can continue going to school. Depending on your school/state it may even be cheaper for you to change your residency if your school considers AOS pending as instate.

I'm attending the CCSF of San Francisco, and they don't care about my status.. they want me to pay as an international student, or to terminate my Sevis in order to be a resident.

[azblk 338]

6 hours ago, italiansf said:

I'm attending the CCSF of San Francisco, and they don't care about my status.. they want me to pay as an international student, or to terminate my Sevis in order to be a resident.

Yes you/they have to terminate SEVIS for you to be considered a resident for tution purposes.

 

[A&H2018 146]

Lower tuition as a resident with EAD is using an AOS benefit.

[aznhouston 130]

You need to show them the GC so that they have evidence to terminate your SEVIS.

Otherwise, they will just keep it as-is in the system.

There was an old pdf about this, when a student files for AOS, they should return the student SEVIS to Initial and keep it that way until your AOS is adjudicated. Once you use the EAD from the AOS, you already violate the non-immigrant status. You can work on CPT. 

[italiansf 40]

16 hours ago, hoangthaihuy said:

You need to show them the GC so that they have evidence to terminate your SEVIS.

Otherwise, they will just keep it as-is in the system.

There was an old pdf about this, when a student files for AOS, they should return the student SEVIS to Initial and keep it that way until your AOS is adjudicated. Once you use the EAD from the AOS, you already violate the non-immigrant status. You can work on CPT. 

I cannot work on CPT, practical training is not required for what I'm studying.

And... basically I screwed my F1 status using my EAD and my AP!

 

[GCPhD 0]

On 8/12/2018 at 8:13 AM, Jojo92122 said:

If you use a benefit from AOS and your green card is approved, then you don't have a problem.

 

If you don't use a benefit from AOS (i.e. did not use the EAD from AOS) and your AOS gets denied, then you did not violate the terms of your F1 status.

 

If you use a benefit from AOS and your AOS gets denied, then your F1 becomes invalid.

 

The problem is that AOS denial is bad.  Using the EAD from AOS to work while your AOS is processing would be a violation of your F1 status if AOS is denied.    

 

 

Hi Jojo92122

 

I have an issue about extension of my I-20 and would be really thankful if you can give me an answer for that. I am a PhD student and my I-20 will be expired less than two months. My I-140 has been approved but my I-485 is still pending. I also got my EAD card but I have not used it yet as long as my I-20 is valid. I need a couple of months more to complete my degree. 

 

I talked with my lawyer and he told me that if I extend my I-20 that would be an act of "willful misrepresentation" because I already filed my I-485. He also mentioned that if I extend my I-20 I will certify this at the first page of Form I-20:

 

"I certify that I seek to enter or remain in the United States temporarily, and solely for the purpose of pursuing a full program of study at the school named above..."

 

which clearly is a misleading act because by filing I-485 my intend was to not remain in the US temporarily. But, people in the DSO in my school say that it is better to extend my I-20 for safety and backup! If they terminate my SEVIS there is no way I can get it back in the case of denial of my I-485 (which is very low). 

 

Do you think it is okay if I extend my I-20? Does this really an act of "will full Misrepresentation" if I do not use the benefit of my I-485 application which is working on my EAD card!

 

Thank you so much.

 

[GCPhD 0]

Guys I have this issue and would be thankful if you give me any advice on it 

 

I have an issue about extension of my I-20 and would be really thankful if you can give me an answer for that. I am a PhD student and my I-20 will be expired less than two months. My I-140 has been approved but my I-485 is still pending. I also got my EAD card but I have not used it yet as long as my I-20 is valid. I need a couple of months more to complete my degree. 

 

I talked with my lawyer and he told me that if I extend my I-20 that would be an act of "willful misrepresentation" because I already filed my I-485. He also mentioned that if I extend my I-20 I will certify this at the first page of Form I-20:

 

"I certify that I seek to enter or remain in the United States temporarily, and solely for the purpose of pursuing a full program of study at the school named above..."

 

which clearly is a misleading act because by filing I-485 my intend was to not remain in the US temporarily. But, people in the DSO in my school say that it is better to extend my I-20 for safety and backup! If they terminate my SEVIS there is no way I can get it back in the case of denial of my I-485 (which is very low). 

 

Do you think it is okay if I extend my I-20? Does this really an act of "will full Misrepresentation" if I do not use the benefit of my I-485 application which is working on my EAD card!

 

Thank you so much.

[hk415 2]

13 hours ago, GCPhD said:

Hi Jojo92122

 

I have an issue about extension of my I-20 and would be really thankful if you can give me an answer for that. I am a PhD student and my I-20 will be expired less than two months. My I-140 has been approved but my I-485 is still pending. I also got my EAD card but I have not used it yet as long as my I-20 is valid. I need a couple of months more to complete my degree. 

 

I talked with my lawyer and he told me that if I extend my I-20 that would be an act of "willful misrepresentation" because I already filed my I-485. He also mentioned that if I extend my I-20 I will certify this at the first page of Form I-20:

 

"I certify that I seek to enter or remain in the United States temporarily, and solely for the purpose of pursuing a full program of study at the school named above..."

 

which clearly is a misleading act because by filing I-485 my intend was to not remain in the US temporarily. But, people in the DSO in my school say that it is better to extend my I-20 for safety and backup! If they terminate my SEVIS there is no way I can get it back in the case of denial of my I-485 (which is very low). 

 

Do you think it is okay if I extend my I-20? Does this really an act of "will full Misrepresentation" if I do not use the benefit of my I-485 application which is working on my EAD card!

 

Thank you so much.

 

I went through a similar issue recently and i have filed AOS in second week of july. I chose not to renew my i20 to be safe as it does require you to sign on i20 which states you will return after completion of the program of study and signing it might be a misrepresentation. My DSO and my lawyer had a conversation together about this as the DSO initially suggested me to extend my i20 but lawyer said not to. After that conversation DSO left the decision to me and also said given the recent August rules with student visas she can't recommend me to extend my i20 and it would still be a 50-50% chance of whether IO notices and brings it up during the interview. And i chose not to extend it. Since i have a pending i485 application i was still able to register for classes even though my i20 expired. You may also be able to work (as a grad assistant) since you got your EAD.