F-1 Student 2010 Filers

[ALW 0]

Another student here!

First entered as student then OPT then work then back to student.

Now applying AOS on student visa.

[Jscoope 0]

OPT work means it has to be related to your field of study because OPT is considered a part of the F1 student visa. Therefore, you cannot work in McDonalds or in the mall.

With an EAD, you are free to work anywhere you want.

Yeh that's what I was asking. IF you are an F1 student, does your EAD mean the same as OPT, or does it permit you to work outside of OPT/Field of Study. So I guess that's a yes then.

[Luckygoat 2]

OPT work means it has to be related to your field of study because OPT is considered a part of the F1 student visa. Therefore, you cannot work in McDonalds or in the mall.

With an EAD, you are free to work anywhere you want.

I do not think that is correct. I know tones of F1 students who work on there OPT in areas that do not have anything to do with their degree. I think OPT is intended to be used so that the student can get work experience in his/her field but that doesnt mean you cant use it to work to McDonalds or as a bank teller.

[Luckygoat 2]

If you file for the EAD while on F-1, can you do work that isn't OPT? As in, if I'm studying exercise science can I go off campus and work as a bank teller or something if i get approved for the EAD?

I didn't bother sending in the EAD application with my packet cos I was under the impression I could only do OPT work, but if that's not the case I may have to send off the application.

You should have sent in your EAD as well. F1 students can work with EAD during the adjusting process, even if it is not OPT. I should have my EAD next week and I start my first job the following. I am still a student as well.

[laf66 0]

While some F-1s use their OPT in another field, they're not really allowed to.

Once an F-1 has sent in their AOS forms, their EAD can be used for any type of work, since technically they are no longer F-1.

[SweetApple08 2]

I am an F-1 student also, came to USA at the end of 2003 and started school Jan 2004.

Met Green Card holder husband in 2005 and got married 03/07/2006 (just civil ceremony).

Applied for I-130 petition AUG 2006 as spouse of LPR (limited annual visa numbers)and waited until March 2010 to get approved.

Visa Bulletin just updated to get ready to file AOS in May 1, 2010 (including my priority date). Husband will apply soon for USC.

While I will soon get ready to finish my degree as a F-1 student in May and apply for OPT.

Does anyone how is it going to work now That we need to apply for AOS and OPT at basically the same time???

Edited April 15, 2010 by SweetApple08

[Nartaki 7]

I am an F-1 student also, came to USA at the end of 2003 and started school Jan 2004.

Met Green Card holder husband in 2005 and got married 03/07/2006 (just civil ceremony).

Applied for I-130 petition AUG 2006 as spouse of LPR (limited annual visa numbers)and waited until March 2010 to get approved.

Visa Bulletin just updated to get ready to file AOS in May 1, 2010 (including my priority date). Husband will apply soon for USC.

While I will soon get ready to finish my degree as a F-1 student in May and apply for OPT.

Does anyone how is it going to work now That we need to apply for AOS and OPT at basically the same time???

If you are applying for AOS, then dont apply for OPT. Since you will be getting your visa number soon that means your I-485 will also be processed. You will also need to send in form I-765 for the EAD, which will allow you to work anyways. The I-765 is free when you file it with the I-485, whereas you will need to pay like $300 for an OPT. In addition, with an EAD you are free to work outside your field of study.

[1500528 0]

I am an F-1 student also, came to USA at the end of 2003 and started school Jan 2004.

Met Green Card holder husband in 2005 and got married 03/07/2006 (just civil ceremony).

Applied for I-130 petition AUG 2006 as spouse of LPR (limited annual visa numbers)and waited until March 2010 to get approved.

Visa Bulletin just updated to get ready to file AOS in May 1, 2010 (including my priority date). Husband will apply soon for USC.

While I will soon get ready to finish my degree as a F-1 student in May and apply for OPT.

Does anyone how is it going to work now That we need to apply for AOS and OPT at basically the same time???

Hi my husband citizenship interview is in second week of May, I am in the same boat with you that i could apply on May 1st as well since my priority date is august 2006

i am on grace period ( 60 days) after OPT, should i apply at May 1st as LPR or wait on his citizenship

[besaangel 17]

Yes, EAD means unlimited work opportunity, not restricted like the OPT.

[SweetApple08 2]

Hi my husband citizenship interview is in second week of May, I am in the same boat with you that i could apply on May 1st as well since my priority date is august 2006

i am on grace period ( 60 days) after OPT, should i apply at May 1st as LPR or wait on his citizenship

When does your Grace period ends?

[SweetApple08 2]

If you are applying for AOS, then dont apply for OPT. Since you will be getting your visa number soon that means your I-485 will also be processed. You will also need to send in form I-765 for the EAD, which will allow you to work anyways. The I-765 is free when you file it with the I-485, whereas you will need to pay like $300 for an OPT. In addition, with an EAD you are free to work outside your field of study.

Oh thank you Nartaki, I will actually finnish May and I will have 60 day grace period. The issue which I am not really clear is that when the spouse is LPR and F-1 student spouse is applying for AOS (some people say to stay in school until the interview and some others say to stay until F-1 student applies for AOS). Can anyone clear this up, experience or any decisions?

[SweetApple08 2]

Yes, EAD means unlimited work opportunity, not restricted like the OPT.

Not only that but adding the fact that in OPT you don't get a job within 90 days - f-1 student falls out of status.

[SweetApple08 2]

Hi my husband citizenship interview is in second week of May, I am in the same boat with you that i could apply on May 1st as well since my priority date is august 2006

i am on grace period ( 60 days) after OPT, should i apply at May 1st as LPR or wait on his citizenship

I would go ahead and apply asap. When LPR husband becomes a USC, then send USCIS a copy of USC certificate later on. Depending on which place you live some citizenship oath ceremonies are the same day as the interview or a few days after; other places have oath ceremony a month or so after. Anyhow, I would apply really soon, May 1 if you have everything ready, do medical asap if you haven't done so (takes a couple of weeks and it is good for one year).

Edited April 15, 2010 by SweetApple08

[icepeck 1]

Hello,

It seems USCIS started sending out interview letters to March filers. Lets hear from all the March student filers about their interview date and please remember to update your time-lines. Good luck to you all.

[laf66 0]

I got my biometrics taken today at the San Francisco office (early walk-in). I went there right before it opened at 8:00am and was out by 8:30am. Everyone was very friendly and they even had a movie playing on the tvs in the waiting area!