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MrsNotBonJovi

Can I continue work on F1 OPT while AOS is in process

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Filed: AOS (apr) Country: India
Timeline

Hi all,

As I was reading through this forum, something occurred to me. Here is my situation:

1) I am currently on a F1 OPT and my OPT EAD is valid till July this year.

2)However, as my AOS is now in process, I understand I am in a period of authorized stay,pending adjudication. My AOS interview is scheduled for June 11.

3) I have not yet received any email notification about EAD for the AOS application.

4) I had intimated to my employer my intent to resign from the position as soon as I received my first NOA in the first week of April and my employment is considered effectively ended as of April 30 this year since my employer needed a notice of one month.

My question is, did I do the right thing by resigning? Or could I have continued on the job even as the AOS is in process?

I am worried that I may have kicked a good job due to some confusion I may have had regarding my period of authorized stay. Any thoughts/suggestions on this?


The Journey

Arrived on F1 visa on 25 Dec 2008. Graduated June 2011. Started OPT Sep 2011.

AOS applied March 21, 2012. GC approved June 11, 2012 & received June 18, 2012.

Exactly three months from start to finish,no RFEs.

AOS Timeline:

Day 01,March 21, 2012: Concurrent filing of I-130/AOS/EAD/AP to Chicago Lockbox

Day 02,March 22, 2012: Package delivered to Chicago Lockbox

Day 04,March 24, 2012: USCIS Acceptance Confirmation received through e-mail

Day 07,March 27, 2012: Checks cashed.

Day 13,April 02, 2012 : NOAs received for I-130,I-485,EAD/AP & Biometrics

Day 36,April 25, 2012 : Biometrics Completed at Elizabeth, NJ.

Day 45,May 04, 2012 : E-mail notification for interview received for June 11

Day 46,May 05, 2012 : Received hard copy of interview notice

Day 56,May 16, 2012 : EAD/AP Production e-mail

Day 64,May 24, 2012 : EAD/AP Card in hand

Day 83,June 11,2012 : Interview. Approved same day. Card production email.

Day 84,June 12,2012 : E-mail Notification registering PR status.

Day 87,June 15,2012 : USPS picks up GC from USCIS.

Day 88,June 16,2012 : Received two hard copy mails, approving I-130 & I-485

Day 90,June 18,2012 : 10-year GC in hand. End of GC journey, for now.

.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Yes, you could have continued.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Technically, once AOS is filed, the F1 becomes invalid and therefore the EAD via OPT also becomes invalid.

However - I have never seen anyone get into any kind of trouble by continuing to work on the OPT EAD card while AOS is pending. I think you would have been fine continuing in your job.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: Citizen (pnd) Country: Japan
Timeline

It is my understanding that as long as you do not violate the terms of your F-1 visa, it continues to be valid throughout the AOS process. So, if your AOS is denied, the F-1 would still be valid. Therefore, anything that you are doing legally on the visa can be continued throughout the AOS. I am sure this is correct information, I asked this directly from my USCIS field office.


Day 0 - 2 May 2012 Mailed AOS package overnight delivery
Day 139 - 17 September 2012 Interview & APPROVED on the Spot!! :)
Day 145 - 23 September 2012 Received Green Card!

ROC - Eligible June 19 2014

Day 0 - 18 June 2014 Mailed ROC package via 2 day priority

Day 42 - 29 July 2014 Approval and Card Production Email

Day 49 - 5 August 2014 Received Green Card

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Filed: AOS (apr) Country: Canada
Timeline

It is my understanding that as long as you do not violate the terms of your F-1 visa, it continues to be valid throughout the AOS process. So, if your AOS is denied, the F-1 would still be valid. Therefore, anything that you are doing legally on the visa can be continued throughout the AOS. I am sure this is correct information, I asked this directly from my USCIS field office.

I had found this in the field adjudicators manual and posted it on another thread earlier...I assume it would be the same for the F1 - the principle is the same:

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1.


July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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Filed: AOS (apr) Country: India
Timeline

I had found this in the field adjudicators manual and posted it on another thread earlier...I assume it would be the same for the F1 - the principle is the same:

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1.

Thanks all, this is a tremendous help. I just wish I had asked here before quitting, but maybe it is not too late now. Let me talk to my employer again.


The Journey

Arrived on F1 visa on 25 Dec 2008. Graduated June 2011. Started OPT Sep 2011.

AOS applied March 21, 2012. GC approved June 11, 2012 & received June 18, 2012.

Exactly three months from start to finish,no RFEs.

AOS Timeline:

Day 01,March 21, 2012: Concurrent filing of I-130/AOS/EAD/AP to Chicago Lockbox

Day 02,March 22, 2012: Package delivered to Chicago Lockbox

Day 04,March 24, 2012: USCIS Acceptance Confirmation received through e-mail

Day 07,March 27, 2012: Checks cashed.

Day 13,April 02, 2012 : NOAs received for I-130,I-485,EAD/AP & Biometrics

Day 36,April 25, 2012 : Biometrics Completed at Elizabeth, NJ.

Day 45,May 04, 2012 : E-mail notification for interview received for June 11

Day 46,May 05, 2012 : Received hard copy of interview notice

Day 56,May 16, 2012 : EAD/AP Production e-mail

Day 64,May 24, 2012 : EAD/AP Card in hand

Day 83,June 11,2012 : Interview. Approved same day. Card production email.

Day 84,June 12,2012 : E-mail Notification registering PR status.

Day 87,June 15,2012 : USPS picks up GC from USCIS.

Day 88,June 16,2012 : Received two hard copy mails, approving I-130 & I-485

Day 90,June 18,2012 : 10-year GC in hand. End of GC journey, for now.

.

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H1-B and L-1 (not sure about h1-C) are dual intent visas though. Not saying it isn't true of F-1 as well - it may be - but certain things (like not needing AP) are different with dual intent visas so I wouldn't be certain of it.

But as was said above, I doubt trouble will come from working OB OPT.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: Country: Ireland
Timeline

Hi MNBJ,

It sounds like our situations are similar. My OPT expires June 11. I was reminded by our HR group that my EAD is expiring and was concerned that it might expire prior to my AOS being granted. I filed the I765 however, you do not state if you did?

My AOS interview is today actually, but my EAD was approved on May 3rd. The good people on here have explained to me that the EAD gives me temporary work permit until AOS is achieved.

I hope too can find a resolution which works best for you

Good luck,

Puck.

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Thanks all, this is a tremendous help. I just wish I had asked here before quitting, but maybe it is not too late now. Let me talk to my employer again.

Try to discuss with your employer. You will be favored. Btw, I was partially in your shoes.



F-1 to LPR
Day 0 - 03/31/2012 - Package (concurrent I-{130/AOS/AP/EAD} ) sent to Chicago with USPS
Day 1 - 04/02/2012 - Delivered!!!
Day 5 - 04/06/2012 - "Acceptance confirmation received for entire forms & routed to NBC" was sent via email.
Day 10 - 04/11/2012 - NOA for I-{130/AOS/AP/EAD} Received.
Day 15 - 04/16/2012 - NOA for Biometrics appointment Received. {Scheduled for 05/08/12}
Day 37 - 05/08/2012 - Biometrics app completed.
Day 44 - 05/15/2012 - Interview date schedule @ Dallas/Irving TX..
Day 54 - 05/25/2012 - EAD/AP production Notification.
Day 75 - 06/15/2012 - Interview'd with NO approval. 1 hr Post-interview: Received I-485/Card production email.
Day 78 - 06/18/2012 - 2nd emails {I-485/Decision/Register PR and I-130/Post-Decision} Received.
Day 81 - 06/21/2012 - Received {email of Card mailed out} and 2 Hardcopies {I-485 & I-131 approval}
Day 83 - 06/23/2012 - GC touched down. 10x Mailman.

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I had found this in the field adjudicators manual and posted it on another thread earlier...I assume it would be the same for the F1 - the principle is the same:

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1.

This is actually an interesting question.. H- and L-visas are dual intent, which makes them a bit of a special case in terms of AOS. Student visas, such as F-1 and J-1, are not - therefore, if an F1 holder files for AOS, and while AOS is pending for whatever reason wants to extend his/her F1 status, or AOS is denied and he/she wants to revert back to the student status, the issue of immigrant intent is obviously there and would make him/her ineligible for an extension of a non-immigrant visa.

My understanding has always been that once a student visa (or any other non-immigrant visa) holder files the AOS papers, the former non-immigrant visa is no longer valid, and that returning to that status in the case of AOS being denied, for example, would not be possible - largely due to the intent issue. I don't know what the relevant laws and regulations say about this, or whether it is a bit of a grey area, so it would be great to hear other people's interpretations about this particular issue as it comes up here often.


Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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Filed: AOS (apr) Country: India
Timeline

Hi MNBJ,

It sounds like our situations are similar. My OPT expires June 11. I was reminded by our HR group that my EAD is expiring and was concerned that it might expire prior to my AOS being granted. I filed the I765 however, you do not state if you did?

My AOS interview is today actually, but my EAD was approved on May 3rd. The good people on here have explained to me that the EAD gives me temporary work permit until AOS is achieved.

I hope too can find a resolution which works best for you

Good luck,

Puck.

Hi Puckoon, all the very best for your interview and hope everything goes well. Yes, I did file the I-765 too but have not heard anything about it. Hopefully, I will hear something this week. Keeping fingers crossed. Keep us updated.

Edited by MrsNotBonJovi

The Journey

Arrived on F1 visa on 25 Dec 2008. Graduated June 2011. Started OPT Sep 2011.

AOS applied March 21, 2012. GC approved June 11, 2012 & received June 18, 2012.

Exactly three months from start to finish,no RFEs.

AOS Timeline:

Day 01,March 21, 2012: Concurrent filing of I-130/AOS/EAD/AP to Chicago Lockbox

Day 02,March 22, 2012: Package delivered to Chicago Lockbox

Day 04,March 24, 2012: USCIS Acceptance Confirmation received through e-mail

Day 07,March 27, 2012: Checks cashed.

Day 13,April 02, 2012 : NOAs received for I-130,I-485,EAD/AP & Biometrics

Day 36,April 25, 2012 : Biometrics Completed at Elizabeth, NJ.

Day 45,May 04, 2012 : E-mail notification for interview received for June 11

Day 46,May 05, 2012 : Received hard copy of interview notice

Day 56,May 16, 2012 : EAD/AP Production e-mail

Day 64,May 24, 2012 : EAD/AP Card in hand

Day 83,June 11,2012 : Interview. Approved same day. Card production email.

Day 84,June 12,2012 : E-mail Notification registering PR status.

Day 87,June 15,2012 : USPS picks up GC from USCIS.

Day 88,June 16,2012 : Received two hard copy mails, approving I-130 & I-485

Day 90,June 18,2012 : 10-year GC in hand. End of GC journey, for now.

.

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Filed: AOS (apr) Country: India
Timeline

This is actually an interesting question.. H- and L-visas are dual intent, which makes them a bit of a special case in terms of AOS. Student visas, such as F-1 and J-1, are not - therefore, if an F1 holder files for AOS, and while AOS is pending for whatever reason wants to extend his/her F1 status, or AOS is denied and he/she wants to revert back to the student status, the issue of immigrant intent is obviously there and would make him/her ineligible for an extension of a non-immigrant visa.

My understanding has always been that once a student visa (or any other non-immigrant visa) holder files the AOS papers, the former non-immigrant visa is no longer valid, and that returning to that status in the case of AOS being denied, for example, would not be possible - largely due to the intent issue. I don't know what the relevant laws and regulations say about this, or whether it is a bit of a grey area, so it would be great to hear other people's interpretations about this particular issue as it comes up here often.

Yes, am interested in hearing the feedback too. May throw more light on the gray areas.

Edited by MrsNotBonJovi

The Journey

Arrived on F1 visa on 25 Dec 2008. Graduated June 2011. Started OPT Sep 2011.

AOS applied March 21, 2012. GC approved June 11, 2012 & received June 18, 2012.

Exactly three months from start to finish,no RFEs.

AOS Timeline:

Day 01,March 21, 2012: Concurrent filing of I-130/AOS/EAD/AP to Chicago Lockbox

Day 02,March 22, 2012: Package delivered to Chicago Lockbox

Day 04,March 24, 2012: USCIS Acceptance Confirmation received through e-mail

Day 07,March 27, 2012: Checks cashed.

Day 13,April 02, 2012 : NOAs received for I-130,I-485,EAD/AP & Biometrics

Day 36,April 25, 2012 : Biometrics Completed at Elizabeth, NJ.

Day 45,May 04, 2012 : E-mail notification for interview received for June 11

Day 46,May 05, 2012 : Received hard copy of interview notice

Day 56,May 16, 2012 : EAD/AP Production e-mail

Day 64,May 24, 2012 : EAD/AP Card in hand

Day 83,June 11,2012 : Interview. Approved same day. Card production email.

Day 84,June 12,2012 : E-mail Notification registering PR status.

Day 87,June 15,2012 : USPS picks up GC from USCIS.

Day 88,June 16,2012 : Received two hard copy mails, approving I-130 & I-485

Day 90,June 18,2012 : 10-year GC in hand. End of GC journey, for now.

.

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