if she had used ead/ap, then the F1 would be invalid. that is clear, but her current situation is sort of hard to tell. i have asked a couple of lawyers and was told that it depends on whether you want explain the law literally or liberally, because:
The filing of I-140 / I-485 places this individual in a gray area with regard to his/her underlying status in the United States . If the F-1 student remains in the United States and continues his/her full time studies and does not travel abroad, does not apply for a new F-1 visa abroad, and/or does not seek to extend or transfer the Form I-20 (Certificate for Eligibility for Student Status), he/she should be fine because there is normally no circumstance where he/she would be asked about the disclosure of filing the I-140 and/or I-485. If, however, in the unlikely situations that the school/consular officer does ask the individual whether he/she filed an I-140 and/or I-485, he/she will have to disclose that fact. If this happens
, it is highly unlikely that he/she will be able to obtain an EAD based on OPT or extend or transfer the Form I-20.
in nutshell i guess she is ok but if you ever get a RFE from immigration asking you to explain why she got paid before her ap and after filing 485, your lawyer should be able to explain it. but it might cause trouble.
The filing of I-140 / I-485 places this individual in a gray area with regard to his/her underlying status in the United States . If the F-1 student remains in the United States and continues his/her full time studies and does not travel abroad, does not apply for a new F-1 visa abroad, and/or does not seek to extend or transfer the Form I-20 (Certificate for Eligibility for Student Status), he/she should be fine because there is normally no circumstance where he/she would be asked about the disclosure of filing the I-140 and/or I-485. If, however, in the unlikely situations that the school/consular officer does ask the individual whether he/she filed an I-140 and/or I-485, he/she will have to disclose that fact. If this happens
, it is highly unlikely that he/she will be able to obtain an EAD based on OPT or extend or transfer the Form I-20.
in nutshell i guess she is ok but if you ever get a RFE from immigration asking you to explain why she got paid before her ap and after filing 485, your lawyer should be able to explain it. but it might cause trouble.
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