If you use an EAD that is based on your pending I-485 application, your visa status may be affected. For this reason it is important to consult with an experienced attorney before using the EAD if it is based on your pending Adjustment of Status application. A person who has filed for an I-485 and who uses an EAD will lose valid non-immigrant status. An F-1 student or H-1B visa holder who does this will be considered to be in I-485 pending status and out of F-1 or H-1B status. Show If the I-485 is denied, then the applicant cannot remain in the U.S. and will have to leave. If, however, the applicant does not use the EAD, he/she will be able to retain his/her visa status and remain in the U.S. for the duration of his/her non-immigrant visa, even if the I-485 application is denied. Examples:An F-1 student applies for an I-485 adjustment of status and an EAD. He uses his EAD while the I-485 application is still being processed and while he is still going to school. Currently he is in I-485 pending status. If his I-485 application is denied, he must leave the U.S., even though he has not completed his studies. If the F-1 student applies for an I-485 adjustment of status and an EAD and he uses the EAD while the I-485 is being processed, he is in I-485 pending status. If his I-485 application is approved, he will become a permanent resident of the U.S. If the F-1 student applies for I-485 adjustment of status and an EAD, but does not use the EAD while the I-485 is being processed, his F-1 status is still valid and regardless of the decision pertaining to his I-485 application, he can remain in the U.S. to finish his studies. If an H-1B visa holder uses his EAD while his I-485 application is pending, he will no longer have H-1B status and will be in I-485 pending status. If the I-485 application is denied, the applicant can no longer stay in the US and will have to leave. If an H-1B visa holder does not use his I-485-based EAD, he will remain in H-1B status. If the I-485 application is denied, the applicant will be able to remain in the US for the duration of his visa. 18 Jul Day 1 CPT effect on Green card processingPosted at 13:57h in Uncategorized Students intending to enroll in a Day 1 CPT course have a nagging worry on their minds if enrolling in a Day 1 CPT effect Green card processing later. This is perhaps due to the misinformation or lack of understanding of the the Day 1 CPT and green card process. The short answer is No. Day 1 CPT effect on green card processing is none as they are completely independent. Read our blog along for the detailed answer. Most students choose a Day 1 CPT program so that they can work while attending school. Some working professionals also take up the Day 1 CPT course to continue their F1 status if their H1B visa is not selected in the lottery. Both OPT and CPT are absolutely legal. You can apply for any number of Day 1 CPTs to maintain your status, which still doesn’t have any effect on your green card processing. Green card or Permanent resident card lets you stay in USA with out the need for a non immigrant visa like H1B. A sponsoring employer must file for an employment based green card on behalf of the sponsored employee. There are five different categories of employment based greencards – EB1, EB2, EB3, EB4 and EB5. International students who complete a Masters degree from a US University are eligible for greencard under EB2 category. Now, let us understand the distinction between the Day 1 CPT and Green card. The Day1 CPT and Green card application are completely unrelated processes. A Day 1 CPT is preferred by those who want to continue in the F1 status if their H1B petition is not picked up in the lottery. An H1B is a non-immigrant visa needed to work temporarily in the USA. The best way to describe is that an H1B is necessary for current employment, whereas a green card is for future employment. It is an employment-based visa for permanent workers. To know the Day 1 CPT effect on green card, let us check the steps for the green card application process according to the USCIS.
From the above processing steps, it is obvious that the Day1 CPT doesn’t have a direct effect on the green card. USCIS may ask about the Day 1 CPT while H1B to F1 change of status to check whether he/she did maintain valid status or not, and the student has to provide proof of maintenance of status. Many Day 1 CPT students got their F1 to H1B converted and their visa stamped based on experiences shared by students in Facebook groups and elsewhere. You are completely eligible to apply for an H1B visa after the completion of your Day 1 CPT. This also clarifies the point that Day 1 CPT has no effect on Green card. So, our answer is ‘NO’. Day 1 CPT and green card are two independent processes and Day 1 CPT effect on green card processing is none. You can also check the top Day 1 CPT QnA here. *www.skoolville.com is a one-stop application portal. No need to apply through university websites. With just a few clicks you can send your application to multiple universities in the USA using skoolville.com. **We can not guarantee the accuracy or validity of the information posted in this blog. The information mentioned in this blog is purely for information purposes and should not be construed as legal advice what so ever. skoolville.com is only an educational consultant/recruitment agency/platform connecting students with the universities and is not responsible for any immigration related matters. Please read our terms for full disclosures. Can I apply for CPT while waiting for green card?Both OPT and CPT are absolutely legal. You can apply for any number of Day 1 CPTs to maintain your status, which still doesn't have any effect on your green card processing. Green card or Permanent resident card lets you stay in USA with out the need for a non immigrant visa like H1B.
Can I apply for CPT after filing i485?No, you cannot get CPT approved under F-1 status after filing a marriage-based adjustment case: You have firmly expressed immigrant intent by filing the I-485.
Can I apply for OPT while IYou should be able to apply for I-765 OPT with no problem at all. Having pending I-485 and I-765 through family does not affect your F-1 status, and having them does not automatically revoke your F-1 status.
Can I apply for H1B while IAn individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, does not provide the individual with H1B (or L-1) status.
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