Does receiving marriage-based EAD means I lose F1 Student status?

[tiantian2 18]

Hi!

I have a question about what my current immigration status is as of today, and your insights is much appreciated! Below is my timeline:

 

2019 Feburary, F1 student, extended I-20 (originally set to expire in end of May) to December of 2019. 

2019 End of April, filed for I-485, I-130, I-765, I-131 based on marriage to USC. 

2019 mid May to mid June, a short-term on-campus employment. Before I started this, I checked with international student office, and they returned lawyer's reply that I can legally work on campus as F1 while adjusting status. 

2019 June, HR office reminded me that my old I-20 expires in May and I need to give them the new I-20 (expires in December) to get paid. I sent them scanned copy of I-20 immediately, but they want me to come in person, I wasn't in school at that time and told them will come in once I get back from travel. 

2019 end of June, received EAD in the mail (marriage-based 485 pending). 

2019 beginning of July, went to HR office to provide the I-20 form, was asked to fill out a routine "Foreign National Information" form.

It asks about my "current immigration status", it lists F1/J1...etc. as options, but don't have an option for Adjustment of Status.  

I have received C9 EAD at this point but haven't started working since receiving the card. Am I still F1 right now? 

I'm very confused and appreciate your help!

 

 

 

[Just Paul 4,595]

7 minutes ago, tiantian2 said:

 Am I still F1 right now? 

You are F1 as long as your I-20 is current  or until you receive your EAD from marriage.

[HRQX 4,145]

19 minutes ago, tiantian2 said:

It asks about my "current immigration status"

You can hold multiple statuses. Looks like you have:

• F-1 with a current I-20
• "Authorized stay" allowed by the US attorney general

[Hypnos 6,576]

You remain F-1 until you exercise a benefit (typically using AP or an EAD) associated with your I-485.

 

You don't lose F-1 status by simply applying for or even receiving your AP or EAD, you must actually use them. 

[arken 4,197]

You are in F1 status as long as you are maintaining required credits per F1.

 

Your EAD from AOS does not affect your F1 as long as don’t use it for employment.

1 hour ago, HRQX said:

You can hold multiple statuses. Looks like you have:

• F-1 with a current I-20
• "Authorized stay" allowed by the US attorney general

One cannot hold multiple status in the US. 

If he/she is satisfying F1 requirements, F1 otherwise “pending AOS”

Edited July 3, 2019 by arken

[HRQX 4,145]

1 minute ago, arken said:

One cannot hold multiple status in the US. 

I'm living proof. This has been confirmed by multiple IOs (one on December 2017 info pass, another at my I-485 interview last month, etc.)

[tiantian2 18]

55 minutes ago, Hypnos said:

You remain F-1 until you exercise a benefit (typically using AP or an EAD) associated with your I-485.

 

You don't lose F-1 status by simply applying for or even receiving your AP or EAD, you must actually use them. 

Thank you for the replied. Could you also explain what is "actually use" EAD?

I've only worked on campus as F1 so I suppose that's not using my C9 EAD, but today when giving my school HR my current I-20, she asked me to fill out an I-9, and she filled the back of I-9 as rehire using I-20. However, when I was filling out the I-9, it asks for expiration of work authorization, so I asked the HR if I should put the I-20 expiration date (December) or EAD expiration (2020 June). She said I should fill out the actual expiration date (2020 June) and made a copy of my EAD card...Does this qualify as "use EAD" card and invalidates my F-1 status? I feel quite stupid now, that I didn't thought of this when giving her the card. 

Edited July 3, 2019 by tiantian2

[tiantian2 18]

Just now, HRQX said:

I'm living proof. This has been confirmed by multiple IOs (one on December 2017 info pass, another at my I-485 interview last month, etc.)

Thanks for your replies! I wish there's just a simple USCIS page explaining this (instead of ppl asking here and there and often getting conflicting info). 

[Hypnos 6,576]

If you're working by virtue of your C-9 EAD then it does sound as if you have exercised a benefit under your I-485.

 

Honestly, it's a bit of a grey area, but as stated above, you can only hold one status at any one time. 

Edited July 3, 2019 by Hypnos

[arken 4,197]

5 hours ago, HRQX said:

I'm living proof. This has been confirmed by multiple IOs (one on December 2017 info pass, another at my I-485 interview last month, etc.)

If you are in valid F1 status you are already in authorized stay status so no meaning of “authorized stay” by pending AOS. When you don’t have any other legal status, “Authorized stay” by virtue of pending AOS comes into play to allow you stay in the US. 

 

For OP, if you used your EAD for employment, as said, you are likely considered not in F1 status. 

[tiantian2 18]

Just now, arken said:

If you are in valid F1 status you are already in authorized stay status so no meaning of “authorized stay” by pending AOS. When you don’t have any other legal status, “Authorized stay” by virtue of pending AOS comes into play to allow you stay in the US. 

 

For OP, if you used your EAD for employment, as said, you are likely considered not in F1 status. 

Thanks for your reply! I guess what I am not sure of is, does the HR making a copy of my EAD constitute "using EAD"? The document she filled the details on the back of I-9 is still my I-20 info, it's just that she asked to take a copy of my EAD when checking the actual expiration date of my work authorization.  

[HRQX 4,145]

5 minutes ago, arken said:

if you used your EAD for employment, as said, you are likely considered not in F1 status. 

Like Hypnos mentioned above it's a grey area. Cite specific USCIS policy or case law that states that. The most one can do is contact USCIS and request a Tier 2. Odds are even they will be stumped and consult the supervisor on duty.

[Boiler 45,516]

14 minutes ago, tiantian2 said:

Thanks for your reply! I guess what I am not sure of is, does the HR making a copy of my EAD constitute "using EAD"? The document she filled the details on the back of I-9 is still my I-20 info, it's just that she asked to take a copy of my EAD when checking the actual expiration date of my work authorization.  

If you used your Adjustment EAD to show work authorisation then yes.

[HRQX 4,145]

46 minutes ago, HRQX said:

Cite specific USCIS policy or case law that states that.

^ @Boiler

[geowrian 22,337]

EAD is a benefit, not a status in itself. One can hold multiple benefits at a time - some via status, some via permission from DHS.

Performing an activity that violates your status generally terminates your status. Any other benefits you hold (i.e. work authorization via an EAD and/or authorized stay via a pending I-485) would then kick in.