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Green Card Application (currently on OPT F1-visa)

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Filed: F-1 Visa Country: Brazil
Timeline

Hi,

I am planning on getting married soon and I am currently on a OPT F1-visa. I received my PhD in the US and I am currently working with an EAD authorization, which expires in May 2017. My employer is willing to take an H1B before my EAD expires. But since I will soon be able to apply for a green card through marriage, I am not sure what is the best way to proceed (or how exactly). My question is: if I apply for a green card through marriage in the next couple of months, will I still be able to work after my EAD (obtained from my OPT visa) expires? Do I have to apply (or can I) to another EAD to substitute mine while the green card is pending? I can't interrupt my job by any means...

Thanks!

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*~*~*moved from "what visa do I need" to "adjustment of status from work and study visas" as OP is currently in the USA and does not need a visa to enter - will be adjusting status based on marriage*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Apply for EAD concurrently when filing AOS after you're married.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Employment-based GC takes long(er), and H1 could be moot if you're planning to marry a USC soon. Of course you can, but why waste money?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Concurrently apply for the EAD/AP with your AOS application. That's what my husband did while he was on F-1. The process took about 7 months start to finish. He also traveled abroad and re-entered the US using AP just fine during our wait. I have a link to a full review of our process, timeline, interview experience, etc. in my signature block.

I wrote a full detailed account of our AOS process, timeline, AP use, and interview on my blog. You can read it here.

Read our experience clearing immigration with an expired green card and extension letter here.

F-1 AOS Journey

Spoiler

10/05/15 - Mailed AOS Package (I-130, I-485, I-864, I-693, I-131, I-765, G-325As, G-1145)

10/07/15 - AOS Package delivered to Chicago Lockbox

10/14/15 - Received four NOA1s via e-mail & text notifications that USCIS received our case. Routed to National Benefits Center for processing

10/15/15 - Checks cashed

10/19/15 - Received four hard copies of NOA1s in the mail

10/23/15 - Received biometrics appointment in the mail. Scheduled for 11/03

10/26/15 - Failed early walk-in attempt for biometrics at Boston location

11/03/15 - Biometrics appointment in Boston

11/10/15 - AOS case status changed to "Ready to be scheduled for interview"

12/21/15 - EAD/AP approved

12/24/15 - EAD/AP mailed

12/30/15 - EAD/AP delivered

03/17/16 - Interview scheduled for April 20th

04/20/16 - AOS Inteview - Boston, MA - APPROVED!

04/25/16 - Approval notice received in the mail

04/26/16 - Green card mailed

04/29/16 - Green card delivered

 

ROC

Spoiler

02/20/18 - Mailed I-751 Package

02/23/18 - I-751 delivered to CSC

02/28/18 - Check cashed

03/02/18 - NOA1 received in the mail

05/12/18 - Notice that previous biometrics will be reused

08/24/18 - Received 18 month extension letter (courtesy copy)

10/22/18 - Received the "revised notice" with the correct 18 month extension letter--on green paper this time.

02/27/19 - Card mailed notification via Case Tracker mobile app

03/01/19 - Both approval letter and new green card delivered

 

N-400

Spoiler

03/02/19 - Filed N-400 online

03/02/19 - NOA1 via online portal

03/09/19 - Biometrics scheduled

03/12/19 - Biometrics appointment appeared in Documents tab in online USCIS account

03/13/19 - Successful early walk-in for biometrics 

11/13/19 - Interview

Seizetheglobe.com

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