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F1 OPT to GC (Currently living and working in the US)

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Hi!

I'm currently on an F1 visa working under OPT. My girlfiend (US citizen) and I plan to get married soon, but my OPT expires in July. If we do get married and file for GC, what happens to my work status? Can I keep working or do I require a new EAD card? If I need a new EAD card, what happens in the interim when my OPT expires (in July) and the new EAD card arrives?

Thank you so much for your help!

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*** Thread moved from K-1 Process forum to the "AOS from WS&T Visas" main forum. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hi!

I'm currently on an F1 visa working under OPT. My girlfiend (US citizen) and I plan to get married soon, but my OPT expires in July. If we do get married and file for GC, what happens to my work status? Can I keep working or do I require a new EAD card? If I need a new EAD card, what happens in the interim when my OPT expires (in July) and the new EAD card arrives?

Thank you so much for your help!

i was an F1 OPT to GC as well. do you qualify for a STEM extension when your OPT expires in july? once you submit your GC application, if you dont turn in the i765 (which i didn't), then you can work until your OPT expires in july (assuming you have no more STEM extension to fall back on). if you apply for the EAD with the i765 in your i485/i130 packet, then you can work under your new AOS-in-progress status.


Visit me at: http://littlealienmusings.blogspot.com/

06-2009 Granted Student Visa
09-2009 Entered the US for the 1st time via LAX, started school
12-2009 Met and dated the then-Boyfriend-now-Hubby
04-2010 Got an SSN through on-campus job
05-2011 Moved in with the then-Boyfriend-now-Hubby
03-2013 Filed I-765 for F-1 OPT
04-2013 Got engaged to the then-Fiance-now Hubby, worked part time on F-1 CPT
06-2013 Graduated with a B.S., F-1 OPT approved, worked full time on F-1 OPT
09-2013 Got married to the Hubby
10-2013 Filed I-485, I-130, I-693, I-864, G-325A's
11-2013 Biometrics, filed I-131
12-2013 I-131 approved (got a lawyer to expedite processing)
03-2014 Filed AR-11, I-865 for change of address
04-2014 Interview notice for Cinco de Mayo
05-2014 I-130/I-485 approved on the spot, I-551 mailed to new address within 7 calendar days

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i was an F1 OPT to GC as well. do you qualify for a STEM extension when your OPT expires in july? once you submit your GC application, if you dont turn in the i765 (which i didn't), then you can work until your OPT expires in july (assuming you have no more STEM extension to fall back on). if you apply for the EAD with the i765 in your i485/i130 packet, then you can work under your new AOS-in-progress status.

Hi, thanks for the reply! I dont qualify for a STEM extension when your OPT expires in July. So, if I apply for the EAD with the i765 in my i485/i130 packet before my OPT expiration date, I can keep working even after expiration of OPT in July? The timeline I'm thinking is apply for i485/i130 in mid-May and possibly get new EAD card by end of July, which will be a 15 day limbo period. Is that still ok? Thanks!

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Hi, thanks for the reply! I dont qualify for a STEM extension when your OPT expires in July. So, if I apply for the EAD with the i765 in my i485/i130 packet before my OPT expiration date, I can keep working even after expiration of OPT in July? The timeline I'm thinking is apply for i485/i130 in mid-May and possibly get new EAD card by end of July, which will be a 15 day limbo period. Is that still ok? Thanks!

If you want to avoid a gap, you should file for AOS ASAP and include the EAD application. Nobody knows exactly how long the EAD will take. Mine took 71 days, for example.

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