1

I am in the US with a F-1 visa status. If I apply for the NIW-EB-2 green card, will I lose my F-1 status? I am in the US and want to apply I-140 and I-485 forms concurrently.

Edit: I also want to apply for I-765 and I-131, EAD/AP combo card and use it's SSN to get credit card, and EAD to establish a S-Corp in the US. But I am afraid if my I-140 or I-485 petition get rejected, what will happen for my status and how can I continue staying and studying inside the US?

1
  • 1
    The SSN is yours, not the EAD's. If you already have an SSN, it will be yours for the rest of your life.
    – phoog
    Jun 25 at 12:11
1

First of all, visa and status are different things. Visa is just for entry, and status is for your stay inside the US. You can have one without the other.

Second, neither your visa nor your status will be affected by a pending or approved I-140 petition or a pending I-485 Adjustment of Status application. However, you may find it more difficult to actually use the visa to enter the US due to immigrant intent.

Neither your visa nor your status will be affected by a pending or approved EAD or Advance Parole. Just because you have an EAD and/or Advance Parole doesn't mean you have to use it. However, if you work in the US (e.g. with your EAD) outside of what is allowed in F1 status, you will cease to be in F1 status. If you leave the US, you would cease to have any status; and if you re-enter using Advance Parole, you would be a Parolee, not in F1 status (you would have to re-enter using an F1 visa to be admitted into F1 status).

2
  • Thank you so much. I also added an edit part that I will be happy if you answer it if you can. Jun 24 at 20:54
  • 1
    @ensan3kamel: I edited
    – user102008
    Jun 25 at 1:36

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.