How to Transition from F-1 Status to C09 EAD for STEM OPT Extension
Understanding Your Current Status
When you are working in the U.S. on a F-1 visa with a STEM Optional Practical Training (OPT) C03C designation, you are currently permitted to work in the United States while your I-485 application is pending. This status allows you to extend your practical training period in your field of study, enabling you to gain valuable work experience. However, as your I-485 application progresses, you'll need to transition to a C09 employment authorization document (EAD) card, which is also based on your pending I-485 application.
Steps to Transition
Step 1: Understand Your Current Status
As a student on a F-1 visa with an OPT-C03C designation, you are currently in a designated status that allows you to continue working during your immigration process. However, when you receive your C09 EAD card, you will need to transition to this new form of employment authorization.
Step 2: Wait for Your C09 EAD Card
Ensure that you have received your C09 EAD card before officially using it. Your C09 EAD card will be a significant part of your work authorization documentation. Until you receive this card, you cannot officially use it for employment.
Step 3: Evaluate Your Current Employment
Once you receive your C09 EAD card, evaluate your current employment arrangements. Determine if your current employer is willing to continue your employment under the C09 EAD card. Note that the employment terms under the C09 EAD may differ from the F-1 OPT terms, so it's important to understand these differences.
Step 4: Inform Your Employer
Notify your employer about the change in your employment authorization status. Provide them with a copy of your C09 EAD card. Ensure that they understand that your work authorization is now based on your I-485 application.
Step 5: Terminate F-1 Status
You do not need to formally terminate your F-1 status; it will be automatically terminated when you start using your C09 EAD card. However, you should stop working under your F-1 STEM OPT once you begin working under the C09 EAD.
Step 6: Update Your Immigration Records
Although not strictly necessary, it is a good idea to inform your Designated School Official (DSO) about your change in status. This can help ensure that your SEVIS (Student and Exchange Visitor Information System) record is up-to-date, reducing the risk of any issues with your immigration status.
Step 7: Start Working Under C09 EAD
Begin your employment under the new C09 EAD card. Ensure that your employer understands that your work authorization is now based on your I-485 application. It's important to strictly adhere to the terms of your C09 EAD card to avoid any future complications.
Step 8: Keep Records
Maintain copies of your C09 EAD card, I-485 receipt notice, and any correspondence related to your immigration status. This documentation may be crucial for future applications or if any questions arise regarding your work authorization.
Step 9: Monitor Your I-485 Application
Continue to monitor the status of your I-485 application. Be aware of any requests for evidence (RFE), requests for additional information (RFI), or scheduled interviews. Compliance with these requirements is crucial for the success of your case.
Important Considerations
Legal Advice
Consulting with an immigration attorney is highly recommended, especially if there are any unique circumstances regarding your case. An attorney can provide the necessary guidance to ensure that all aspects of your transition are handled properly.
Travel
If you plan to travel outside the U.S. while your I-485 application is pending, be cautious. Traveling can impact your application, and it's important to seek legal advice before making travel plans. Be aware of any potential issues and ensure that you have all the necessary documentation.
By following these steps, you can effectively transition from your F-1 status to using your C09 EAD card for employment, ensuring a smooth process and maintaining compliance with immigration regulations.