QUESTION

Can I work full time while I am a student on EAD?

Asked on Jan 09th, 2019 on Immigration - New Jersey
More details to this question:
I am currently on F1 status which expires in May 2019 and probably I am not ready to graduate at the time. I also have a pending I485 application from past August and I am not primary applicant. I have AP/EAD card of the same date. Recently, I have found a job that starts at the beginning of Feb. I just wanted to know if it is OK for me to start working on EAD while still a student, My school says that I need to terminate my F1 and so they are basically saying that I should wait to graduate and apply for OPT to start working.. But I am not sure if this is really needed or even allowed.
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1 ANSWER
Answered on Feb 08th, 2019 at 7:35 PM
F-1 students are not supposed to work except with permission of the school (CPT) or U.S.C.I.S. (OPT). They are not allowed to work with an EAD based upon adjustment of status and still maintain F-1 status. Neither are they allowed to leave the US under advance parole under F-1 status. Your school is saying that for you to maintain your F-1 status, you should wait until you graduate to apply for OPT. If you decide to use the adjustment of status EAD and advanced parole, you would be relying upon your adjustment of status application to maintain status in the US instead of the F-1 student status which would technically no longer be valid. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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