Changing EAD

[Span 0]

I have some questions about my status.

I am currently on F1 OPT and my EAD expires in February 2017.

My wife is a citizen so on August 8th we filed I-485, I-130, I-131 and I-765 altogether. In late September USCIS requested from us for initial evidence and we submitted what they requested late October.

November 15th checked the updates and it says I485 is ready for scheduling for the interview.

November 21th, I-131 travel document approved.

November 25th, new EAD card mailed out.

It's been 2 weeks and we still haven't received any interview notice for the I-485 interview, and no updates at all for I-130 since August 8th received the application. So I called USCIS today and their response was it could take up to 90 days for us to received the notice and my field office processing cases as of today for I-485 is March 26th.

1. Since my initial submission is in August that means I have approximately 4 more months to wait for my interview, is this correct or my submission is considered as November since we had to resubmit additional documents?

2. Now since I will have a new EAD along with the travel document, what do I need to be aware of if I need to leave the country?

3. Should I immediately report to my company after I receive the new EAD or can I keep using the OPT EAD until it expires in February?

4. If I have to change, that means my status would be called pending of AOS right? Then am I still exempt from FICA taxes? Since I'm on OPT now I'm exempt from FICA taxes.

Please make comments and help me better understand my situation a little bit more, my main concern is traveling, my job requires frequently international travel.

Thank you.

[embay16 12]

You will have to use the new EAD card, as your old one becomes void once you get the new one. As far as travel goes, as long as you have a combo card and are approved for travel, you shouldn't have any problems. You will need to bring your EAD card, but it should be the same as traveling with your OPT EAD card. Only thing to be aware of is that entry is based on the CBP officer and the EAD card doesn't guarantee entry (although from what I have read, most have no problems as long as they have a valid and active card).

I am not sure about the FICA taxes. Perhaps there is an HR person at your job who can answer that once you provide them your new EAD card?

[sebastianshaw 97]

4. If I have to change, that means my status would be called pending of AOS right? Then am I still exempt from FICA taxes? Since I'm on OPT now I'm exempt from FICA taxes.

If you have already received your new EAD card through AOS, you are supposed to do new i-9 (e-verify) with your employer which will have you new card details, and because the new EAD is basis of LPR (even though pending) you will have to start paying FICA taxes just like other green card holders and/citizens.

Please cross check with your HR and attorney.

[Span 0]

I appreciate all the comments, thanks!

Had no luck with HR and payroll account on the Tax questions. USCIS also didn't give me a clear answer on my tax questions, although they said until I get my green card, I will not be considered as an LPR.

Anyone else has a better idea for my type of situation?

Basically, my EAD is approved but my I485 and I130 is still pending so I am not a permanent residency yet. But since I can no longer use my F1 OPT EAD card, does that changed my legal status? Does the new EAD card change my legal status to "Pending AOS" or something? Should I make changes on the FICA exemption?

Edited December 8, 2016 by Span

[sebastianshaw 97]

I appreciate all the comments, thanks!

Had no luck with HR and payroll account on the Tax questions. USCIS also didn't give me a clear answer on my tax questions, although they said until I get my green card, I will not be considered as an LPR.

Anyone else has a better idea for my type of situation?

Basically, my EAD is approved but my I485 and I130 is still pending so I am not a permanent residency yet. But since I can no longer use my F1 OPT EAD card, does that changed my legal status? Does the new EAD card change my legal status to "Pending AOS" or something? Should I make changes on the FICA exemption?

I am in the same boat too, i am expected to get my new EAD in the next 90 days. I inquired with my employer, who clarified that once i get my new EAD basis of a AOS(even if pending) he will have to do a new I-9, because the old EAD is no longer valid.

Now because the old EAD is not valid, you are not a student anymore and dont save on FICA taxes. I tried asking an attorney, and also a CPA, both were clueless. However, the employer's answer seemed the sanest.

[sebastianshaw 97]

So in other words yes you do have to give Medicare and SS Taxes, apart from the Federal and State you must be already giving. The employer should STOP giving you an "Exempt" deduction in both and start deducting them effective the payroll you get your new EAD card