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Can I maintain F1 status after NIW application has been filed?

Published Jun 29,2021 By Dee
Hi,
I am currently on the F1 visa status and working with my OPT EAD. After completing my Master’s degree in Public Health, I resumed a role as a Researcher in Geriatric medicine. I recently submitted my concurrently filed EB2 NIW application and I have a couple of clarifying questions.
1)Can I still maintain my F1 status as a backup plan even though I have submitted my NIW application? My OPT EAD expires in August. Can I transfer my SEVIS record from my current university to a community college? 

2)I would love to get a Geriatric Nursing degree. Can I enroll in the Community College to start my nursing degree while my self-petitioned NIW application is still pending (I-140 and I-485 both pending)? Is trying to get a new degree in Geriatric nursing a problem even though I work as a Geriatric researcher with my Master’s degree is in Public Health degree.

3)Can I resume school if I get to transfer my I-20 and continue working with the Green Card EAD at the same time when it comes?
Thank you!

 

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BlogSupport
BlogSupport
2 years ago

Hi Dee,

You can still maintain your F1 status. However, you should not travel abroad and try to reenter the U.S. with F1 visa, as this will create a conflict of intents. Please consult with your university regarding the SEVIS records.

You can get a new degree. However, make sure you keep working in the same field you mentioned in the petition after receiving the green card (at least 6 months).

I am not entirely sure what is meant by the last question, but you can keep working and studying after receiving the EAD while I-485 is pending or after receiving the green card. Please consult with the prospective college to see their requirements.

Wale
Wale
8 months ago

I am changing a program from MS to resume my Ph.D. in another school. I own an I-20 with my previous school, where I completed my M.S degree. However, I also think I am now a resident alien since I am awaiting my green card. I have the EAD through filing EB2-NIW. My I-140 and I-765 have been approved, and I am waiting for the I-485, which means my green card is awaiting approval. My understanding is that if I start using my EAD, my status will automatically be changed from F1.

Could I transfer to the new school as a resident alien status instead of F1?

BlogSupport
BlogSupport
8 months ago
Reply to  Wale

Good morning,

I am not sure if using EAD will by itself lead to the change of status. Please contact your new university regarding the documentation they will require. They should have an international office to answer your questions.

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