How Working with a Combo Card While Waiting for a Green Card After Filing I-485 Affects Status
The article explains that when in AOS pending status after filing I-485, using a Combo card (combined AP and EAD) for employment or self-employment means choosing AOS pending status and abandoning the original F-1 or H-1B status; merely receiving the card without using it does not affect the original status. It lists risks such as varying school requirements for status and loss of lawful status if AOS is denied, and mentions that some immigration lawyers recommend maintaining existing lawful status until the green card is approved.
Today someone asked me: after filing I-485, she has received the AP + EAD Combo Card and wants to know whether she can be self-employed (start her own company). The couple's statuses are F-1 PhD student and H-1B employee, respectively.
After filing I-485, "Adjustment of Status pending" (AOS* pending) constitutes a special legal status. During this period, the individual may lawfully remain in the United States, and this stay is not counted as unlawful presence. If an EAD work card has been obtained, the individual may lawfully engage in any work—working for an employer, being self-employed, starting a company, or simultaneously working for an employer and running one's own company.
However, within the United States, a person can only have one legal status; it is impossible (and will not happen) to hold multiple legal statuses at the same time. For example, suppose you hold both an F-1 and a B1/B2 visa, but you enter through CBP inspection as a B1/B2; your status at that time is B1/B2, not B1/B2 plus F-1, and you cannot attend school during this period. If you wish to attend school, you either need to depart and re-enter with an F-1 visa, or apply within the United States to change status from B1/B2 to F-1.
Returning to the question of working with an AP/EAD Combo Card: the couple holds F-1 and H-1B statuses respectively. If they use the EAD to work—whether employed by an employer or starting their own company—it is equivalent to saying "from this moment on, I choose to remain in the United States in AOS pending status," while abandoning their previous F-1 / H-1B status. The reason is that you can only have one legal status, and choosing one means giving up the other. Note: if you have merely received the AP/EAD Combo Card but have not used it to work, you still maintain your previous H-1B/F-1 status; it does not become invalid simply because you "received the Combo Card."
The issues or risks of this choice are:
- Different universities have different status requirements. If you intend to use the Combo card and give up F-1 status, you should first contact your school’s DSO to confirm that they accept “AOS pending” status and what documents are required.
- If you give up F-1/H-1B status and the AOS is denied, you will immediately be out of status and lose lawful status. Conversely, if during AOS pending you do not use the Combo card to work and continue to maintain F-1/H-1B status, even if the AOS is denied, you can still lawfully remain in the United States and study/work based on F-1/H-1B status. For this reason, many immigration attorneys advise clients to maintain their existing lawful status until the I-485 is approved/they obtain the green card. Of course, if you believe your I-485 will definitely be approved, or are willing/able to bear the risk of AOS denial, you may also choose not to maintain your previous status.
*Term explanation: AOS = Adjustment Of Status, which refers to the process within the United States of "adjusting" nonimmigrant status to immigrant status and obtaining a green card by filing I-485 with USCIS.
