OPT expiring - filing for I-485 - cutting it close - continue to work??

[morgonzobean 0]

My wife is working via her OPT/EAD status under her f-1 visa. The OPT expiration is this coming January, 2013. Her immigration physical exam is early November, 2012. We will file the I-485, I-765, etc., immediately after the physical. Can/should she continue to work after her OPT expires?? Thanks sooo much,

-Morgonzobean

[newlyweds2010 208]

I would not. Once her OPT expires, she will not be allowed to work based on her AOS application. She will have to wait for her EAD to resume work. Actually, I am not even sure whether OPT is still valid once you apply for a change of status, but more knowledgeable VJ members will give you a more precise answer.

[kzielu 1,147]

My wife is working via her OPT/EAD status under her f-1 visa. The OPT expiration is this coming January, 2013. Her immigration physical exam is early November, 2012. We will file the I-485, I-765, etc., immediately after the physical. Can/should she continue to work after her OPT expires?? Thanks sooo much,

-Morgonzobean

No she can't - unless she gets EAD. Why you can't do physical now rather than in November ?

[morgonzobean 0]

No she can't - unless she gets EAD. Why you can't do physical now rather than in November ?

Because the Doc that's in our network can't get her in until then

[Brian&Ivy 1]

Because the Doc that's in our network can't get her in until then

u have a lot of choices right? see the link!

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

[Em31 0]

I would not. Once her OPT expires, she will not be allowed to work based on her AOS application. She will have to wait for her EAD to resume work. Actually, I am not even sure whether OPT is still valid once you apply for a change of status, but more knowledgeable VJ members will give you a more precise answer.

That's correct. OPT is no longer valid once you apply for AOS. When you apply for AOS, your wife will be on one status which is pending.

That's why I would suggest your wife work until her EAD is about to expire; since technically she shouldn't be working once AOS is sent.

[AnotherLostSoul 167]

The OP does not have much choices...I was in the same situation. In my area there was only one Civil surgeon that was offered by USCIS and I knew if I cannot make it for the appointment that would be available three days later when I visited them to make an appointment then the next one would be only the end of the following month...it sucks. Anyway, as others stated, I believe the same thing, one cannot work once OPT expires. But once she gets her EAD card she can resume work.

All the best! And don't worry, EAD arrives less a month from the time you mail your package in, so she would only "miss" one month of non-employment...

Edited October 13, 2012 by AnotherLostSoul