PhD stipend in employment section on i-485

[FloraMc 0]

Hi! Wondering if anyone can help with this question of income from a university during graduate school. I'm filing i-485 for AOS from F1 (STEM OPT) to marriage based greencard. Should I put my PhD institute as an employer during the past 5 years, since I received a monthly income from them? I only got an EAD when I started a Postdoc position 1.5 years ago, so I don't want to raise any red flags by 'working' outside an EAD, but similarly I don't want to claim I wasn't making money when I have filed W2s each year.

 

Has anyone been in a similar position? 

 

Thank you for any help!

[Boiler 45,482]

If you are marrying a USC it is forgiven, not sure how someone on a F1 can get a stipend? I know there are limited work opportunities but how does a stipend operate?

[FloraMc 0]

@Boiler it's financial support for living expenses while in the program: https://www.beyondphdcoaching.com/phd/phd-stipends/. Since I filed W2s and I was taxed I think it counts as income, but keen to hear what others think!

[Boiler 45,482]

W2s = income

 

And it is a USC that you are adjusting through?

[FloraMc 0]

Great, thank you!! And yeah my husband is a USC

[Boiler 45,482]

https://www.colorado.edu/gpsg/about-gpsg/stipend-information-international-students

 

I may going to assume it is OK but whatever way you are good to go.

[jackiegringa 419]

14 hours ago, FloraMc said:

Hi! Wondering if anyone can help with this question of income from a university during graduate school. I'm filing i-485 for AOS from F1 (STEM OPT) to marriage based greencard. Should I put my PhD institute as an employer during the past 5 years, since I received a monthly income from them? I only got an EAD when I started a Postdoc position 1.5 years ago, so I don't want to raise any red flags by 'working' outside an EAD, but similarly I don't want to claim I wasn't making money when I have filed W2s each year.

 

Has anyone been in a similar position? 

 

Thank you for any help!

Yes, that's how it is supposed to be. You are not working without authorization while on F1 and receiving a PhD stipend, it's just how it is structured with universities - you received a W2 and that counts for income for the IRS and USCIS, but the university will still claim you're not an employee when it comes to workers rights, unionization etc.

 

So just list the university as an employee for the PhD then your postdoc institution in the employment section, with the correct dates.

 

For clarification for others:

It is a grey area only for universities because they don't want the claim as employer but trainee, nothing more. That stipend money is also declared with tuition costs on your I-20, if I recall correctly.

There's a possibility of having a job up to 20 hours/week on campus that will pay you on top of your stipend and that's legal as long as you follow the protocol at your school for it, mine didn't allow more than 10 hours/week for example, but it is within the legality of the visa.