Question About I-765 Under Adjustment of Status While On OPT

[jay70599 0]

Hi people! I would really appreciate it if I can get some help on this.

I have graduated from college in June 2015 under F-1 Student Visa and I got married to an American citizen in June 2015, so I was doing adjustment of status paperwork. At the same time I have my EAD from OPT, which was approved in early July 2015, but I currently do not have a job. I have submitted an additional I-765 with the I-130 and I-485 in mid-July so that I can have more options on job choices, and on the form I selected the "renewal" option. I would like to know whether my OPT status is still valid under this condition and whether I am allowed to look for a job during this time. My EAD under OPT does not expire until July 2016. But I do not dare working yet since I do no know whether having submitted another I-765 choosing "renewal" will violate the laws since my EAD under OPT might be considered void.

In addition, if I am allowed to look for a job and I successfully find one, do I have to notify USCIS about my current job status change? I remember in I-485 they asked about a current employment situation and I left it blank since I did not have a job back then. And in I-864 they asked about income situation.

I am deeply grateful to anyone who can offer me accurate information about it. My local office is usually not having appointments available and the customer representative does not know the answers.

Thank you very much!!!

[jay70599 0]

In addition, USCIS changed my alien registration number after receiving my I-130, I-485, and I-765. So now I have a different alien registration number than the one I have under OPT.

[Darnell 8,478]

'renewal' option is wrong,

as is 2 different basis for holding an EAD.

sorry.

as to current opt period - it is not negated until the green card is in hand, or until current EAD card expires - which ever comes first. Filing for adjustment of status means nothing for you maintaining your _CURRENT_ visa status, but if you experience an overstay period, it is automagically forgiven when the green card is in your hand.

I'm sorry, it seems you have had some bad advice - please tell us the source of it?

[jay70599 0]

'renewal' option is wrong,

as is 2 different basis for holding an EAD.

sorry.

as to current opt period - it is not negated until the green card is in hand, or until current EAD card expires - which ever comes first. Filing for adjustment of status means nothing for you maintaining your _CURRENT_ visa status, but if you experience an overstay period, it is automagically forgiven when the green card is in your hand.

I'm sorry, it seems you have had some bad advice - please tell us the source of it?

Thanks for the response.

I saw some other websites say that "renewal" is wrong as well. But I have already received a notice for I-765 under a new alien registration number. Does that mean that the wrong option did not have any negative consequences?

I am not sure if I am getting the statement "Filing for adjustment of status means nothing for you maintaining your _CURRENT_ visa status." Can you explain it some more? It seems to suggest that my current OPT status will nullify my green card application.

So according to your response, I am still allowed to look for a job under OPT regulations? Even if I have a different alien registration number?

I cannot reveal my source other than personal friends who have got their green cards or who worked in immigration agencies.

Thank you.

[Hypnos 6,576]

Your F-1 OPT status will remain valid until you exercise any benefits associated with your I-485 application, which would include:

- travelling overseas and then returning using your AP.

- beginning employment using your new EAD with the C-9 category.

As stated, it was a mistake to check the "Renewal" box for your new I-765 since this is a new application under a new category. USCIS may have corrected your error themselves, or it may have unforeseen consequences down the line.

[jay70599 0]

Your F-1 OPT status will remain valid until you exercise any benefits associated with your I-485 application, which would include:

- travelling overseas and then returning using your AP.

- beginning employment using your new EAD with the C-9 category.

As stated, it was a mistake to check the "Renewal" box for your new I-765 since this is a new application under a new category. USCIS may have corrected your error themselves, or it may have unforeseen consequences down the line.

Thank you for your response.

Should I notify USCIS about my new employment status if I get a job since I recall I-485 asking for employment information? I wrote none since I did not have a job back then.

I now realize that selecting "renewal" was a mistake for my new I-765. As mentioned in my last response, I have already received a notice for I-765 under a new alien registration number. Does that mean that the wrong option did not have any negative consequences?

Thank you again!

[Hypnos 6,576]

You don't need to notify USCIS of anything.

If you actually receive your new EAD and it has the category code C-9 with a year of validity then everything is as it should be.

[Darnell 8,478]

I cannot reveal my source other than personal friends who have got their green cards or who worked in immigration agencies.

ok - chinese congregation mode, to ask for advice?

Mostly, that doesn't work and it's a waste of time. Sure, it's a transfer of guanxi, but that's never the point.

Sorry.

and 'free advice' there isn't all that accurate, mostly. [again, sorry]

[jay70599 0]

You don't need to notify USCIS of anything.

If you actually receive your new EAD and it has the category code C-9 with a year of validity then everything is as it should be.

Thank you again for your response.

Yes. My receipt for my new I-765 has a new alien registration number on it. So I don't need to do an amended I-765 in my case, right?

[jay70599 0]

ok - chinese congregation mode, to ask for advice?

Mostly, that doesn't work and it's a waste of time. Sure, it's a transfer of guanxi, but that's never the point.

Sorry.

and 'free advice' there isn't all that accurate, mostly. [again, sorry]

I am not sure what you are trying to suggest in your response, but it seems like you are assuming something about me.

I think it is normal to not reveal information about my friends. They are just friends who go to the same college as I do who happen to know something about immigration. And fyi, most of them are Latin@s, so your "Chinese congregation mode" comment does not really make sense to me.

"Free advice" may not be accurate, but you can say the same thing about this forum. And the truth is, both my friends and people on this forum, including you, have given some good advice. I personally will not negate anything at this point.

[Hypnos 6,576]

They probably fixed the issue themselves, but the only way to know for sure will be when the EAD arrives. The new alien number is a good sign, though.

[jay70599 0]

They probably fixed the issue themselves, but the only way to know for sure will be when the EAD arrives. The new alien number is a good sign, though.

An experienced immigration lawyer told me to file an amended one anyway. Do you think I should do so? An Request for Initial Evidence is being mailed to me.

[Hypnos 6,576]

Is it an RFE for the I-765? I'd wait to see what that was for first before taking further action.

[jay70599 0]

Is it an RFE for the I-765? I'd wait to see what that was for first before taking further action.

I have not received it yet, but I think it is for the I-485. Still the lawyer said it could be about the I-765 wrong selection.

[Starkilla09 366]

The only way to find out will be when you get the RFE. I doubt it's about the EAD though, most probably your I-485 as USCIS is known to correct minor errors sometimes. Don't send anything else at this point that's just going to create a mess. Wait if they send you an RFE regarding the EAD. Chances are it will come corrected since current EAD is barely 2 months old with a length validity still left in it.