Renew OPT while waiting for green card ?

[t_15 0]

Hello,

I applied for a green card through marriage on the 24 th of June. I did the biometric appointment and my online status was just changed today to : Case is ready to be scheduled for an interview.

I live in houston,tx but sent my bundled application (i130 and i485) to the chicago lockbox. I was checking the processing time online and I was wondering if I need to check the chicago processing time or houston ? Which one am I depending on ?

If it is chicago, it would mean that my application could take up to one year to be processed. I am on OPT now and that OPT status expires at the end of december 2015. Is it possible to renew your OPT status while applying for a green card ? What do you guys time I should do ?

Thanks for your help.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[newacct 688]

If you try to apply for OPT extension it'll probably get denied. And there's no point and it'll be a waste of money. With I-485 pending you can stay in the US. And to work, you should have applied for an EAD with I-765 along with your I-485 (if you didn't you can apply now at any time). As an I-485 applicant, it's free to apply for EAD with I-765 and AP with I-131. You'll get EAD/AP within 3 months after applying.

[t_15 0]

Okay thanks, I did apply for advance parole but I assumed that I would get the green card before the end of my OPT (end of december).

So if I want to apply now, do I only need to send the I-765 ? and it is still free since I already submitted my I130/I485 application ?

Also, could you tell me if my processing time will be the Chicago processing time or the Houston processing time (for the i485 and the interview) ?

I sent my packet to chicago (per the instructions when filling simultaneously i130/i485) but I live in houston.

Thanks for your help.

[Starkilla09 366]

Okay thanks, I did apply for advance parole but I assumed that I would get the green card before the end of my OPT (end of december).

So if I want to apply now, do I only need to send the I-765 ? and it is still free since I already submitted my I130/I485 application ?

Also, could you tell me if my processing time will be the Chicago processing time or the Houston processing time (for the i485 and the interview) ?

I sent my packet to chicago (per the instructions when filling simultaneously i130/i485) but I live in houston.

Thanks for your help.

Chicago is just the main temporary lockbox location all adjustment of status petitions get sent before they're later sent to local field offices for final interviews. You wanna check but your local field office in Houston since that's where you'll be interviewed. Also take the processing times with a grain of salt though because they're not 100% accurate but it should provide you a rough idea. With current national backlogs at USCIS field offices nationwide it might be many months before you get interviewed so your December timeline for greencard might or might not work out for you. Again it will also depend if you get approved on the spot on your interview day or not, as some additional reviews can also delay your greencard even after interview. To be on a safe side apply for your I-765 ( free since you have a pending I-485). Send a copy of the notice of action for your I-485 you received from USCIS together with your I-765. Remember to check the box " permission to accept employment" and NOT "renewal" despite the fact that you already have one on OPT because this is a brand new category C-09 as an adjustment applicant. Edited July 24, 2015 by Starkilla09

[t_15 0]

Thank for for the help. When I fill the I-765, shall I send it to Chicago or directly in Houston office ?

Also, whenever I get the work authorization, shall I keep using my OPT till it expires or switch right away to the new work authorization ?

Thanks

[Starkilla09 366]

For U.S. Postal Service:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
Attn: FBAS
131 South Dearborn-3^rdFloor
Chicago, IL 60603-5517

You new EAD will be with a new category C9, valid for 1 year with no restrictions on it. It should carry more weight that your OPT current one. Since you can't have 2 status' or identical documents at once, this new EAD should nullify your OPT one. You should update your I-9 with your employer when you receive you new EAD.

Edited July 25, 2015 by Starkilla09

[t_15 0]

Let's say that I send the paperwork by the end of the week. Will uscis delay my demand for advance parole ( submitted a month ago ) in order to send me both AP and the work authorization at the same time?

I really need my AP asap as I'm panning on travelling if possible. Let me know if applying for the work authorization now would delay my AP?

Thanks

[Starkilla09 366]

You'll probably receive your AP first separate in the paper version since you filed separate from your I-765. If you had together, you'd have received a combo card, which is the EAD with a notation below saying it also serves as advance parole. You should get your AP within 60 to 90 days from initial application. This should t delay it.

[t_15 0]

What shall I answer to the question : Have you ever before applied for employment authorization from USCIS ? And they ask to attach all documentation, would providing a copy of my OPT Card enough ?

Thanks

[Starkilla09 366]

Yes, the copy of your OPT Ead should be sufficient.