Legal Question in Immigration Law in Massachusetts

I'm a graduate student with F - 1 visa and I'm going to graduate in May . And I'm going to file I - 485 ( I've won DV lottery ) on March . So I'm interesting what happens after graduation if I file I - 485 , can I stay in US ? Can I still get my Research Assistant salary from school after filing I - 485 ? Thanks for help !


Asked on 2/23/13, 8:45 pm

1 Answer from Attorneys

Kirk Carter Fletcher Tilton

When you file your I-485 you should also file form I-765 to obtain work authorization and form I-131 for advanced parole travel authorization. Once your I-485 has been accepted you become a pending applicant for admission to the US and may remain in the US while your application is pending, even if your non-immigrant F-1 status expires. It takes about 90 days to receive the work authorization. With this you can continue your employment, though you may be eligible to receive practical training after you graduate which would also provide authorization to work. That request to work is also submitted using form I-765 and should be submitted at least 90 days prior to your graduation. Your foreign student advisor should be able to help you with that application. They will not help you with the I-485 and you should seek competent immigration counsel to assist with that process. .

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Answered on 2/25/13, 9:14 am


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