EAD Confusion; F1 now on OPT, but ready to file AOS

[Diggy18 0]

Greetings all!

This is my very first post - a bit of a milestone.

My non-US fiancee currently has an EAD associated with her current F1 Student Visa. She is working on her one year OPT. That OPT/EAD expires in February 2011. We will get married and file for her AOS at the end of November 2010, prior to the expiration of her current EAD.

1. Once we file for her AOS, including the submission of an I-765, does her F1 OPT/EAD remain valid? Or does she lose the right to work until receiving a new EAD based on her AOS?

2. Given that my non-US fiancee already has an EAD, when we file the I-765 are we filing for a "renewal" EAD or a "replacement" EAD? (this distinction appears to be important, because in the case of the former the application fee is waived)

My name is James, and my fiancee's name is Lukpla. We met on-line in November 2008, while Lukpla was studying here in the States. Since then we've been dating and we got engaged in May 2010, with a marriage planned for 30 November. Lukpla graduated last May and began her one year of OPT. I want to have all our ducks in a row so that once we do get married, we know exactly what to do to ensure Lukpla can stay in the States and can continue to work. Our plan is for her mom to eventually come live with us, so we'll be filing forms for that in another year, too. That shouldn't be too bad, since her mom already has a 10 year tourist visa and recently stayed 6 months her in the States with Lukpla.

I've found most of the forms' instructions to be pretty clear, except this EAD thing. I'm sure I'll be posting a few other questions as we go along!

Thanks!

[Darnell 8,478]

It's my understanding, for this type of 'Adjustment of status' -

that any current EAD expires on the date on the card, and that's it.

When applying for AOS, any new, subsequent EAD is 'awarded' in a different category than what she had, prior, so is different guidelines - is not any concept of 'renewal' as the Eligibility Type, to have an EAD, will be CHANGING. (From F1 to LPR)

Usually, an EAD on OPT is not renewable, its just 1 year. Some other status would have to change, to get another EAD.

Also, check her F1 status and visa - SEE if there's any annotations on it, and list them back in the thread - it may be that she's got some 2 year home residency requirement on the visa .

So, is some possibility that she'll not have any valid EAD document for a bit, and thus won't be able to work. Don't sweat that, as yer filing a FULL AOS package (right?) and including the EAD application.

*** not a K-1 visa topic, moving to 'Adjustment of Status from Work, Student, & Tourist Visas' forum ***

Edited September 22, 2010 by Darnell

[Diggy18 0]

It's my understanding, for this type of 'Adjustment of status' -

that any current EAD expires on the date on the card, and that's it.

When applying for AOS, any new, subsequent EAD is 'awarded' in a different category than what she had, prior, so is different guidelines - is not any concept of 'renewal' as the Eligibility Type, to have an EAD, will be CHANGING. (From F1 to LPR)

Usually, an EAD on OPT is not renewable, its just 1 year. Some other status would have to change, to get another EAD.

Also, check her F1 status and visa - SEE if there's any annotations on it, and list them back in the thread - it may be that she's got some 2 year home residency requirement on the visa .

So, is some possibility that she'll not have any valid EAD document for a bit, and thus won't be able to work. Don't sweat that, as yer filing a FULL AOS package (right?) and including the EAD application.

*** not a K-1 visa topic, moving to 'Adjustment of Status from Work, Student, & Tourist Visas' forum ***

OK, we checked out the EAD and it says "The person identified is authorized to work in the U.S. for the valid of this card." Under terms and conditions it says, "Student post-completion opt NOT VALID FOR REENTRY TO U.S." That's it.

So submitting an I-765 with her AOS package does not invalidate her current EAD, that's what you are saying right?

What kind of 2 year home residency are you referring to? Do some F1 visas prevent you from adjusting to a permanent resident?

[Darnell 8,478]

ya, check the stamps in the passport for any annotations or codes.

re: So submitting an I-765 with her AOS package does not invalidate her current EAD, that's what you are saying right? Right.

Edited September 23, 2010 by Darnell

[Diggy18 0]

ya, check the stamps in the passport for any annotations or codes.

re: So submitting an I-765 with her AOS package does not invalidate her current EAD, that's what you are saying right? Right.

Ok got the info!

Visa Type: R F1

Annotation: N0004378538, followed by the name of the university Lukpla just graduated from

Entries: M

^That's what it says on her visa sticker. On the facing page there is a stamp that says, "Students (F-1 M-1) and exchange visitors (J-1) must have both a valid visa of the correct category and current I-20, I-20 ID, or DS-2019 in order to apply for admission or re-admission to the United States."

Does any of that mean anything for how we go about getting the Green Card, or the new EAD?

[Darnell 8,478]

No, 'means nothing' -

but

I was looking for any '2 year home residency requirement' annotation on the visa stamps

From what I can read, there are none -and THAT'S A GOOD THING.

When ya filing, btw?

I'm hoping yer following this guide - http://www.visajourney.com/content/i130guide2

Edited September 29, 2010 by Darnell

[VanessaTony 3,567]

** moved from "AOS (Other)" to " Working & Traveling During US Immigration" as this is relating to EAD **

[Diggy18 0]

Darnell,

We're getting married at the end of November, so we'll file after that as soon as we get the paperwork together. But my plan was for us to know exactly what we needed to do, how much it costs, and where to send everything by the end of September. I think we've pretty much accomplished that.

But yeah, I looked at the guide, very helpful!

[anne2010 0]

Hi guys. This is my first post. I'm going through the same thing with EAD. I have lived in the States for 5yrs, and my F1 OPT ends in January 2011. We are currently filling AOS with my Dear Husband, and we are confused whether to extend my OPT or just ask for a new EAD. From your posts, I figure we'll simply ask for a new EAD. But what do we fill in at the "Employment Eligibility Code" at the bottom right of the page? The ones with 3 consecutive parentheses? Do we simply leave those parentheses blank?

[Darnell 8,478]

OPT is extendable ?

Please tell me how that works? TIA !

[Harpa Timsah 13,258]

Hi guys. This is my first post. I'm going through the same thing with EAD. I have lived in the States for 5yrs, and my F1 OPT ends in January 2011. We are currently filling AOS with my Dear Husband, and we are confused whether to extend my OPT or just ask for a new EAD. From your posts, I figure we'll simply ask for a new EAD. But what do we fill in at the "Employment Eligibility Code" at the bottom right of the page? The ones with 3 consecutive parentheses? Do we simply leave those parentheses blank?

( c ) (9)

[Briggi 0]

I am a F1-OPT student here and just sent my AOS package.

For the 17-month extension, please read

http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm

I believe you guys should start the paperwork now and keep filing up the space on the form.

The current fee for I-130 = $355, I-485=$1010, I-765 =$0. But remember, the new fees will be effective on Nov 23.

More details on

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=5b33aca797e63110VgnVCM1000004718190aRCRD

------------------------------------------

Here is my list:

- Form I-130

- $355

- Copy of Petitioner's Birth Certificate (Front & back)

- Copy of marriage certificate

- G-325A @ 2

- Passport photo @ 2 (one from me, one from my husband)

- Evidence

----> 4 months bank statements, total 8 statements from 2 joint accounts

----> Holiday saving account statement

----> 1 month water, power & light bills

----> dog ownership

----> auto insurance bills & cards

----> hotel reservation for a trip

----> 20 photos

- Form I-485

- $1010

- Copy of alien birth certificate

- passport photo @ 2

- Sealed I-693 Your wife needs to make an appointment to do the I-693, she needs her vaccination records for the civil surgeon to do the paperwork, if she doesn't have hers, you guys may end up paying a lot for the shots. I had to ask my mom to send mine from oversea. The whole thing costed me about $260, not bad.

- Alien's Form G-325A

- Copy of marriage certificate

- copy of alien's passport (biographical page, visa, entry stamps)

- copy I-94 (front & back)

- copy of I-20

- Form I-864

----> 4 earning statements that included YTD earning (It should be USC's 6-month pay subs or employment letter.)

----> copy of 2009 W2 (I didn't need it but I accidentally sent it, but I don't think it will hurt the process)

----> 2007, 2008, & 2009 tax return transcripts (have to send a request for IRS, it may take up to a month to get it)

-------------------------------

For I-765, I didn't sent it because my OPT is due til next July.

- When you file the I-765, use PERMISSION to ACCEPT EMPLOYMENT because your wife will be applying the EAD under a new code ©(9).

- #11, the date is asking the first date of the EAD. There should be a period of time from mm/dd/yy to mm/dd/yy on the EAD, put the first day that she was able to start working.

- #15, F1-OPT

--------------------------

Remember, if she already changed her name that's fine, otherwise, she should use her married name to file all the forms if she decides to go with married name. That name is the name that will print on Green Card.

Alien number, she should use the OPT's A# even though USCIS will assign a new A# for her. It is always better to give that number to USCIS because they can pull her file easier without a bunch of process checking time.

Edited October 1, 2010 by Briggi

[renton1453 0]

Hello Everyone,

First message on this forum. First of all thanks for all these helpful messages throughout the board. I would like to share one particular situation that is concerning me about my application.

I am currently working under OPT, which is about to expire in January 17, 2013. I got married this September and I am about to file my application for AOS. But i am still confused on whether or not to fill out an I-765? And if i do which section it will fall under, C (9) ?

Thanks for all your support!!