Student: adjust status or OPT work authorization?

[judaswhite 0]

Hey,

I'm a diversity visa winner and about to submit my I-485 to adjust my status and along with it the I-765 for work authorisation.

I'm finishing my course at university in a few months and at the moment on the F1 student visa, so obviously this visa is going to expire before I get the green card.

When filling out the I-765 at question 16 should I put my answer as cB3- Optional Practical training or c9 adjusting status? I'm eligible for both.

If the c9 answer will extend my visa then Id' definitely go with that, does anyone know if indeed it does extend the visa? If not I'll have to go with cB3.

thanks!

[Hypnos 6,579]

C-9 for an I-765 based on a pending I-485.

Filing for AoS places you in a new period of authorised stay that persists until your application is adjudicated.

Edited February 27, 2013 by Hypnos

[judaswhite 0]

C-9 for an I-765 based on a pending I-485.

Filing for AoS places you in a new period of authorised stay that persists until your application is adjudicated.

THANK YOU you're the best!!

[hmh33 117]

BTW it's important to use and understand correct terminology:

A visa is a travel document only. It doesn't govern your status once you are in the US. So when you talk about extending your visa, that doesn't really make sense - you should talk about extending your legal status. And indeed filing the I-485 does that.

Note that after filing the I-485 (and simultaneously I-765 and I-131) you shouldn't leave the US until your I-131 (application for advance parole) is approved, otherwise your adjustment of status case would be considered abandoned. The I-131 usually takes 2-3 months to be approved.

[judaswhite 0]

BTW it's important to use and understand correct terminology:

A visa is a travel document only. It doesn't govern your status once you are in the US. So when you talk about extending your visa, that doesn't really make sense - you should talk about extending your legal status. And indeed filing the I-485 does that.

Note that after filing the I-485 (and simultaneously I-765 and I-131) you shouldn't leave the US until your I-131 (application for advance parole) is approved, otherwise your adjustment of status case would be considered abandoned. The I-131 usually takes 2-3 months to be approved.

I'd only need the I-131 if I'm leaving the country though, right?

[hmh33 117]

I'd only need the I-131 if I'm leaving the country though, right?

Right, but it's free to file in conjunction with an I-485, so you might as well file it just in case something comes up that means you need to travel abroad. I hope your I-485 doesn't take a long time to adjudicate, but if it does you might wish you had filed the I-131.

[DC85 113]

when your DV number is current and u submit your i485, you shouldn't be worried about ur F1 status any more, .. submit your I 485 immediately, and the code for the i765 is C09, also submit the i131 which will allow you to travel if you need, at no additional cost.

plus, when you have a pending i485 you could be eligible for in state tuition, which would be much cheaper than the international student rate but you need to check your state law,

Edited February 28, 2013 by myafi1985

[judaswhite 0]

when your DV number is current and u submit your i485, you shouldn't be worried about ur F1 status any more, .. submit your I 485 immediately, and the code for the i765 is C09, also submit the i131 which will allow you to travel if you need, at no additional cost.

plus, when you have a pending i485 you could be eligible for in state tuition, which would be much cheaper than the international student rate but you need to check your state law,

Thanks.

One final question for you all: (if it's silly, bear with me) Do I need to have an Affidavit of support form I-134 filed with my application?

I know I don't need the I-864EZ as I'm not filing my I-485 as a family member to anyone.

[hmh33 117]

I believe applicants for adjustment of status based on DV do need to include an I-134 from a US citizen or LPR sponsor.