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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 07-29-2007, 04:42 AM
pkd pkd is offline
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Default Moving to student visa after getting ead

Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

Thx,
Prabhat
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  #2  
Old 07-29-2007, 05:22 AM
123456mg 123456mg is offline
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Default May be

Quote:
Originally Posted by pkd
Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

Thx,
Prabhat
I guess if you are not doing a similar occupational job, it will be difficult for you to explain it to IO if they happen to schedule your interview. Though the chances of such interviews are not so many, probably the USCIS officer may get a point to reject your case.

Looking at the coming trend in immigration based politics, they do not like educated people anyways....

This is just my opinion.
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  #3  
Old 07-29-2007, 09:10 AM
clif clif is offline
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Default

Two other issues could be:

1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.

2. You need recent salary statements for EAD renewal every year.
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  #4  
Old 07-29-2007, 11:29 AM
sirinme sirinme is offline
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Default

This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.

Quote:
Originally Posted by clif
Two other issues could be:

2. You need recent salary statements for EAD renewal every year.
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  #5  
Old 07-29-2007, 11:33 AM
shreekhand shreekhand is offline
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Default

As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

In short it is not easy to go back full time studying while your I-485 is pending.


Quote:
Originally Posted by sirinme
This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.
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  #6  
Old 07-29-2007, 11:37 AM
kumar1 kumar1 is offline
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Default

d
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  #7  
Old 07-29-2007, 11:53 AM
glus glus is offline
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Default not true!

Quote:
Originally Posted by shreekhand
As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
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  #8  
Old 07-29-2007, 12:23 PM
shreekhand shreekhand is offline
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Default

Nowhere did I say I am not sure. In fact I am as sure as it can get

The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.

For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.

Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.

Quote:
Originally Posted by glus
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.

Last edited by shreekhand; 07-29-2007 at 12:39 PM.
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  #9  
Old 07-29-2007, 03:44 PM
gdilla gdilla is offline
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Default Actually

Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


Quote:
Originally Posted by pkd
Hello everyone,

I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

Thx,
Prabhat
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  #10  
Old 07-29-2007, 11:01 PM
rhoh rhoh is offline
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Default

Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.
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  #11  
Old 07-30-2007, 01:03 AM
neoneo neoneo is offline
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Default I disagree

IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)

So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".

I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.

I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.

Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
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  #12  
Old 07-30-2007, 11:37 AM
IV2007 IV2007 is offline
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Smile I need the same info ???

Guys,

My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).

Once school is complete one needs to get back to same position or higher as an EAD applicant.

I am also looking for concrete answers/confirmation on this.

Tried to post a mesg to attorney on this forum but the post was closed.

Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??

Thanks
shree
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  #13  
Old 07-30-2007, 12:00 PM
Imm_Exploited Imm_Exploited is offline
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Default And the Purpose of Moving to F1 is??

I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:

1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.

2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).

3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?

IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.

Sincerely - IE
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