EAD card received while I-485 is still pending

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Hi sajhaites, what does it mean when you receive the EAD card while the -I-485 is still pending? My close fren (green card holder) had petitioned for his wife who has F1status. The wife reeived her EAD card but I-485 is still in the Initial Review phase. Any idea whether she still has to maintain her F-1 status? Would appreciate your response!

menmyself

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Hi,

I would suggest to maintain the status..even though it is not necessary to maintain the status as the applicant status is pending...I had done the same thing for my wife...she received her EAD while I-485 was pending..but her school suggested her to be in status until the whole process is completed..But we have received our Interview date...But I strongly suggest your friend to consult with lawyer before taking this step...Best of Luck....

Last edited: 30-Dec-13 12:29 AM

SuperSixNine

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@Cablecar - it is strongly advised to maintain a valid status even when you're issued EAD while you're I-485 is pending. Issuance of EAD is surely a very positive move towards getting the GC approved (in the near future for family petition), but you can never be 100% certain unless you get a notification stating that your I+485 has been approved.

If a valid status is not maintained while I-485 is pending and for any reason (any technicality or glitches) the I-485 application gets denied, it will become a problem - this might be a rare occurrence, but you cannot be 100% sure unless your GC application gets approved.

BityoJiban

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I strongly recommend to stay in status. When I went for the interview the officer did ask me, Are you maintaining your F1 status till today's date?. I dropped the classes after I received EAD and that cost me a lot. I had to re-enrolled to University and issued new I-20 explaining reason for dropping classes etc. I think it depends on immigration Officer too.

cablecar

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Thanks guys! I really appreciated all your advice! By the way, my fren's wife got the interview date. Any idea how long it's gonna take to get her green card after the interview?

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