AOS and OPT extension

[w1331 2]

Hello,

I'm currently under OPT (exp May 31, 2008) I read on USCIS.com about a 17 month extension of OPT for highly skilled foreign students. After I read all the requirements, I think I'm qualify for getting that extension.

My fiancee (US citizen) and I are getting married this week and after that I'm gonna apply for AOS and EAD.

My question is if I get granted for that 17 month OPT extension, can I use that OPT extension OPT to work while I'm waiting for my EAD to arrive(EAD that I'll apply under AOS) and while my AOS is being processed?

Thank you

[EstebanTrabajos 7]

You have to get the extension first and then apply for AOS, not the other way around. My wife and I filed on October '07 (my OPT started on June '07 and will expire on Jun '08). When I applied for AOS I still had 8 months left of OPT and was able to work until receiving the new EAD now related to my marriage valid from Jan. '08 to Jan '09. Either way, hopefully we will be approved on Apri 17 and wont be needing either one hehe.

[w1331 2]

GueraYTavo,

My fiancee and I are going to get married this week. My school DSO said that USCIS hasn't sent the guidelines yet to the university about this OPT extension, so the earliest I can apply for this extension is after I get married. Can I still apply for OPT extension after I get married? Is that legal?

[EstebanTrabajos 7]

nope the moment you apply for AOS, your status as a student becomes invalid. Therefore, you will stop being a student and will become a spouse pending AOS. You can still apply after you get married, the point here is that your OPT extension has to be approved prior filing for AOS. If not, USCIS will find 2 applications of EAD under your name, and w/different purposes and status (student seeking OPT extension and a US Citizen spouse seeking AOS and EAD). Bottom line, you cannot have two applications being processed at the same time. With your current OPT is fine because you were approved prior to filing for AOS and is already approved.

Edited April 8, 2008 by GueraYTavo

[EstebanTrabajos 7]

Also I would advice on applying for AOS before your OPT expires to avoid falling out of status. Since every student that whose OPT just expired has to leave the country, he or she needs to find a work visa sponsor, you will be allowed to stay in this country only if you have an AOS pending.

Edited April 8, 2008 by GueraYTavo