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Jandy

F-1 student + EAD + OPT

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Hi,

We might get a divorce before even having an interview. So if I am, my AOS process will be terminated. But what about the EAD I have through marriage?

I am supposed to graduate in Fall 08. But if i lose my status as an F-1 student after that, though my visa expires in 2010 and do not intend on getting a master(still debating), can I still stay in the US legally with an EAD only till it expires?

thanks

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Filed: AOS (apr) Country: Philippines
Timeline
Hi,

We might get a divorce before even having an interview. So if I am, my AOS process will be terminated. But what about the EAD I have through marriage?

I am supposed to graduate in Fall 08. But if i lose my status as an F-1 student after that, though my visa expires in 2010 and do not intend on getting a master(still debating), can I still stay in the US legally with an EAD only till it expires?

thanks

EAD does not provide you with legal status

YMMV

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Filed: Citizen (pnd) Country: Mexico
Timeline
Hi,

We might get a divorce before even having an interview. So if I am, my AOS process will be terminated. But what about the EAD I have through marriage?

I am supposed to graduate in Fall 08. But if i lose my status as an F-1 student after that, though my visa expires in 2010 and do not intend on getting a master(still debating), can I still stay in the US legally with an EAD only till it expires?

thanks

Sorry to hear this but the moment you applied for AOS, you stopped being an F-1. Basically, you can still work with that EAD since i don't think your current employer will ask you again if you already showed it to him/her if it's still valid but once it expires, you will have to either enroll in more classes or leave the US.

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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Filed: Timeline
Hi,

We might get a divorce before even having an interview. So if I am, my AOS process will be terminated. But what about the EAD I have through marriage?

I am supposed to graduate in Fall 08. But if i lose my status as an F-1 student after that, though my visa expires in 2010 and do not intend on getting a master(still debating), can I still stay in the US legally with an EAD only till it expires?

thanks

Sorry to hear this but the moment you applied for AOS, you stopped being an F-1. Basically, you can still work with that EAD since i don't think your current employer will ask you again if you already showed it to him/her if it's still valid but once it expires, you will have to either enroll in more classes or leave the US.

Ditto Tavo... although I am not sure you can switch back to F-1. I could be wrong, but this is walking really close to visa fraud --- working til the EAD (based on AOS and marriage) expires and then trying to revert to F-1.

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Filed: Citizen (pnd) Country: Mexico
Timeline
Hi,

We might get a divorce before even having an interview. So if I am, my AOS process will be terminated. But what about the EAD I have through marriage?

I am supposed to graduate in Fall 08. But if i lose my status as an F-1 student after that, though my visa expires in 2010 and do not intend on getting a master(still debating), can I still stay in the US legally with an EAD only till it expires?

thanks

Sorry to hear this but the moment you applied for AOS, you stopped being an F-1. Basically, you can still work with that EAD since i don't think your current employer will ask you again if you already showed it to him/her if it's still valid but once it expires, you will have to either enroll in more classes or leave the US.

Ditto Tavo... although I am not sure you can switch back to F-1. I could be wrong, but this is walking really close to visa fraud --- working til the EAD (based on AOS and marriage) expires and then trying to revert to F-1.

WHARAP Len,

Yeah that's what I posted in the other thread she posted. To talk about this with the immigration officer if her divorce is final and she wants to see more options. She expressed her desire to start a masters, maybe she will have to go back a re-apply for a F-1. I'm not familiarized with this situation better talk to Uncle Sam :P

05/01/08 Green Card in mailbox!!

06/05/10 Real GREEN Card RECEIVED!

01/17/13 Sent application for US Citizenship!!!

01/19/13 Arrived to Arizona Lockbox

01/24/13 Notice of Action

01/25/13 Check cashed

01/28/13 NOA received by mail and biometrics letter mailed as per uscis.gov

02/14/13 Biometrics appointment

03/18/13 In-line for inteview

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