Concurrent filing I130,485,765

[imwithu 0]

Hi guys, I am kind worried recently. I concurrent filed my I-130, 485, 765 by June.27. I did my biometrics on July. 18. Right now my status still shows pending for all the three cases.

My questions are...

1. I didnt file the advance parole travel document, i thot it's no required and Im not planning to travel outside of the U.S. Is that ok not filing it?

2. I was under OPT F1, but it has been expired on July. 19, so what's my current status? I assume that I can only stay in the U.S. but i cant do anything, such as study or work unless i receive my EAD?

[milimelo 4,500]

Moving to AOS from tourist, student, work visa.

[ducky06 0]

Hi, imwithu,

Hi guys, I am kind worried recently. I concurrent filed my I-130, 485, 765 by June.27. I did my biometrics on July. 18. Right now my status still shows pending for all the three cases.

While some people get their interview appointment notice within two weeks of biometrics, a month-long lapse between biometrics and getting some sort of update is normal. I would recommend to wait on this one a little more, since you are just approaching one month since your appointment. Up to six weeks' wait would seem "normal".

My questions are...

1. I didnt file the advance parole travel document, i thot it's no required and Im not planning to travel outside of the U.S. Is that ok not filing it?

You are just fine . There is no need to apply for the advanced parole travel document unless you plan to leave the US before you receive legal residency. As long as you remain in the US until your greencard is issued, this won't affect your application.

2. I was under OPT F1, but it has been expired on July. 19, so what's my current status? I assume that I can only stay in the U.S. but i cant do anything, such as study or work unless i receive my EAD?

Your official status is "AOS Pending". If you were already studying, you can continue to study, because you are still in the country legally. If you are enrolled as a student you usually may also continue to receive income as a Research Assistant/Teaching Assistant or work part-time up to 20 hrs/wk on campus (Just check with your uni or scholarship source to make sure eligibility for your current aid doesn't depend on F-1 student status.)

You may also apply for and enter a new program of study while AOS pending. If the university asks for it, a copy of your filed I-130/I-485 is proof of legal status. Although since you will be in status limbo-- neither international nor permanent resident-- you may not be eligible for financial aid of any kind.

As for non- "student" employment, however, it sounds like your OPT EAD card has expired. My understanding is that you will have to wait for your new EAD card before you can work full-time or work outside of the university.

Sounds like you are doing fine. Just wait it out a little more, and if you have any other concerns, contact international student services at your uni. They might have more insight into your particular situation.

[bigdog 376]

We filed for our AP after doing the EAD, no issues, just did not come on the same card.

[imwithu 0]

Thanks everyone!!!

I AM STILL WAITING.......

and also online it shows that my case is being processed at the National Benefit Center, Lee's Summit, MO..... will this affect the process?? maybe slower? When I try to check the timeline, I dont see this service center as an option....

Some attorneys said that for most cases, since i did biometrics by July. 18, EAD should gets approved already......

[LindaC1990 23]

Thanks everyone!!!

I AM STILL WAITING.......

and also online it shows that my case is being processed at the National Benefit Center, Lee's Summit, MO..... will this affect the process?? maybe slower? When I try to check the timeline, I dont see this service center as an option....

Some attorneys said that for most cases, since i did biometrics by July. 18, EAD should gets approved already......

NBC is the right place to be. then your case will either get transferred to local office or other service centers.

[ladyweez 0]

We filed our i130, 485 & 765 concurrently in June, did bio July 17th & were just notified yesterday via the uscis website that they have ordered production of the card. Try to be patient... it gets frustrating when you view other peoples timelines & they only had to wait a few weeks

P.S. ours was being processed by the NBC as well

[Frenchican 13]

1.

I was about to post a new thread asking the same.

My EAD visa expires sept 20, I filed a couple days ago my AOS by marriage. After sept 20, will I be illegal? Is my "in process number" enough not to be illegal?

I guess I cant drive anymore since my license expires with my visa, right?

2.

Do you think I can keep working at the university and when EAD expires in a month,and give them my in process status? or would they fire me in the middle of the semester?

I am teaching now, not as student on OPT but hired as adjunct part time professor.

thoughts?

I am hoping when they notice my EAD expires, give them my status and tell them I should get my new card within a month (more like 45 days) and see what happens.

I added an expedite request, saying my 50 students would get affected, same as my household income divided by two if I don't get new EAD soon. I doubt it works, being under 90 days, but worth trying.

[Little_My 464]

First, EAD is not a visa. It seems based on your profile that you've come in the US with an F-1 visa, and been eligible for an EAD - which is an Employment Authorization Document, not a visa - because you are employed by your university and work on campus there.

You won't be "illegal". Once you have filed AOS, you'll enter a new period of authorized stay, independent of your F-1 status. Your EAD expiring would have nothing to do with your status in the US anyways, the EAD only allows you to work. If the EAD expires, but your I-20 is still valid, i.e. you continue to study, you're authorized to be in the US.

Filing AOS alone doesn't give you the right to work. If your current EAD expires before you get the new one (I assume you applied for one in conjunction with the AOS), technically between that time you're not allowed to work. Universities tend to be fairly strict about these things, so chances are they might not allow you to work when you have no valid EAD.

[imwithu 0]

1.

I was about to post a new thread asking the same.

My EAD visa expires sept 20, I filed a couple days ago my AOS by marriage. After sept 20, will I be illegal? Is my "in process number" enough not to be illegal?

I guess I cant drive anymore since my license expires with my visa, right?

2.

Do you think I can keep working at the university and when EAD expires in a month,and give them my in process status? or would they fire me in the middle of the semester?

I am teaching now, not as student on OPT but hired as adjunct part time professor.

thoughts?

I am hoping when they notice my EAD expires, give them my status and tell them I should get my new card within a month (more like 45 days) and see what happens.

I added an expedite request, saying my 50 students would get affected, same as my household income divided by two if I don't get new EAD soon. I doubt it works, being under 90 days, but worth trying.

1. Your status is AOS pending.

The expiration date of your driver license is on your license card, since you can legally stay here so feel free to drive i guess.

2. I worked for University too but then my OPT ended before I get the new EAD. And the HR need documents to prove that I can legally work here, which means you have to get the new EAD.

[coolestbrowny 0]

I went for a marriag green card interview . The IO ask me and my wife few questions about each other which was easy and did not separate us.. Everything went well. She asked about my birth certificate because i have attestation of birth certificate due to my birth at home. then she took my i94 and and ask for evidences of marriage which i gave. She said she will see if she can get my approve today if everything goes well on her computer and took my passport and put a a note saying that i should not forget to remove conditions after 1 year and 9 month and said after three years then i can qualify for citizenship. Then i asked her if i was approved she said i will receive a decision in the mail if am approved or if they need further documentation from me. Please Help!! What does this mean? Please any body with similar experience, how long do i have to wait? This is nerve racking.

[Frenchican 13]

First, EAD is not a visa. It seems based on your profile that you've come in the US with an F-1 visa, and been eligible for an EAD - which is an Employment Authorization Document, not a visa - because you are employed by your university and work on campus there.

You won't be "illegal". Once you have filed AOS, you'll enter a new period of authorized stay, independent of your F-1 status. Your EAD expiring would have nothing to do with your status in the US anyways, the EAD only allows you to work. If the EAD expires, but your I-20 is still valid, i.e. you continue to study, you're authorized to be in the US.

Filing AOS alone doesn't give you the right to work. If your current EAD expires before you get the new one (I assume you applied for one in conjunction with the AOS), technically between that time you're not allowed to work. Universities tend to be fairly strict about these things, so chances are they might not allow you to work when you have no valid EAD.

You are right. I know EAD is not a visa.

They extended my visa 1 year to work on OPT, and they gave me a card with those exact same dates.

F1 visa and EAD card expire on the same day. Then my driver's license was made valid as long as visa is valid (again, same date of expiration)

After that, I am in AOS limbo, but I guess technically overstaying my F1. it's good to know I will not be in "illegal" status.

If you were already studying, you can continue to study, because you are still in the country legally. If you are enrolled as a student you usually may also continue to receive income as a Research Assistant/Teaching Assistant or work part-time up to 20 hrs/wk on campus (Just check with your uni or scholarship source to make sure eligibility for your current aid doesn't depend on F-1 student status.)

Usually, OPT is an extension to work after you completed your degree. Which mean you are not studying anymore, therefore when your opt time expires you are not enrolled nor can work in campus as student

[imwithu 0]

Finally my EAD got approved last night waited for 6 weeks tho.......

[Frenchican 13]

Finally my EAD got approved last night waited for 6 weeks tho.......

congrats! wait was long!