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engineer21

EAD and i-864 confusion

By engineer21 in Working & Traveling During US Immigration

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engineer21   51

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Filed: Citizen (pnd) Country: Indonesia
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Hi everyone,

I was wondering if anyone is/was in my situation. I am on an F-1 status. the actual visa with which I entered expired in 2004. I was in college for 4 years. Got my BA in 2003. then did OPT for 1 year. OPT expired in July 2004. Changed majors and went back to school in September 2004. Got my BSE in May 2008. Back for my masters in Sept 2008. Got engaged in December 2008. Planning our wedding for March 2010. This entire time since I arrived in Aug 1999 I have had a SSN and been working (part time during semesters and full time during school breaks, all legal and only on campus with the exception of my OPT) and filing taxes every year.

Does anyone know:

1) if the gap/time lapse between my OPT expiration and my going back to school between July and Sept 2004 means I was at one point out of status? I haven't had any problems with getting I-20s from my subsequent schools or anything.

2) For the i-864: Do I qualify under the exception (as mentioned in the instructions for i-864 form) that I have been working in the US for 40 quarters (that's about ten years, which it will be for me by the time we get married and apply for my AOS)

3) For my EAD (i-765) if I have to stop working and getting paid as soon as I apply for AOS, together with the EAD? Does this mean I have to wait for the EAD approval before I can resume my employment. This seems harsh because I will likely lose my job as a research assistant which is the reason why I am funded to get my masters without paying tuition myself. Anyone know a way around this?

THe problem will be I would have to be completely graduated and in between jobs to file for this. Which means changing wedding plans or going mad to try and finish my thesis by march 2010. Plus, my fiance will be the only one making money while we wait for the EAD, rendering me useless. Which I'm sure no one in their right mind wants for themselves especially since I've never been unemployed during my entire adult life. The thought of it scares me. SOmeone help!?!?!?

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
 
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