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Silvia Kosovych

Current F-1 should I fill out I-765?

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Hi everybody,

We are just starting this process of filling concurrently AOS with the hubby (USC) and I have a couple of questions.

 

Q1: I am currently an F-1 PhD student and teaching assistant. I do not expect to finish my PhD until at least June 2020 so should I apply for I-765? I could not find the eligibility category (27) I fit in (I am not in OPT, nor will I be in the incoming months, I am not STEM student, I am in the Humanities field). I really did not know how to fill out this form since I am currently employed and will continue to be at my university until I finish.

 

Q2: Do I have to fill out I-131? It seems like it is only if you intend to travel within this year (let's say) and you know where you're going, on what date etc. I have no plans to travel anywhere outside the US. I ask because I have seen many of you fill out this form and include it in the threads about complete applications and I want to double-check.

 

Q3: We have not filled out the medical form because we assumed it would be requested later. I have seen that now people fill it out and send it with the application. Is this obligatory? can I wait? Just asking because this would delay the application quite a bit and I was hoping to send it this January.

 

Q4: My I-20 is going to expire May 2019. Do I have to renew it while I wait for the AOS? I understand it is an administrative errand but I am not sure what to do (my VISA expires the same day but that is just an entry document thus I should not worry, right?).

 

Thank you so much!

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50 minutes ago, Silvia Kosovych said:

I am currently an F-1 PhD student and teaching assistant. I do not expect to finish my PhD until at least June 2020 so should I apply for I-765? I could not find the eligibility category (27) I fit in (I am not in OPT, nor will I be in the incoming months, I am not STEM student, I am in the Humanities field). I really did not know how to fill out this form since I am currently employed and will continue to be at my university until I finish.

Since you are about to file for AOS you are eligible to concurrently submit a FREE I-765 for an AOS-based EAD. It's optional, but highly recommended. The category of this EAD is (c)(9): https://www.uscis.gov/working-united-states/information-employers-employees/employer-information/employment-authorization Select "Initial application" on the I-765.

50 minutes ago, Silvia Kosovych said:

Do I have to fill out I-131? It seems like it is only if you intend to travel within this year (let's say) and you know where you're going, on what date etc. I have no plans to travel anywhere outside the US. I ask because I have seen many of you fill out this form and include it in the threads about complete applications and I want to double-check.

The I-131 is a multi-use form, so for your case you don't need to answer certain parts: https://www.visajourney.com/forums/topic/680103-i-132-advance-parole-question/ Or you can do something like this:

It's optional to file, but highly recommended; and if a I-765 is concurrently filed then you'll receive a combo card:

EAD-advance-parole-i-512-highlight-300x1

You are eligible to concurrently submit a FREE I-131 for AOS-based AP.

50 minutes ago, Silvia Kosovych said:

We have not filled out the medical form because we assumed it would be requested later. I have seen that now people fill it out and send it with the application. Is this obligatory? can I wait? Just asking because this would delay the application quite a bit and I was hoping to send it this January.

No need to do it now; it can wait. You'll need it for the interview. At the AOS interview, the medical shouldn't be older than 60 days*.

*The actual rule is that USCIS should receive the medical within 60 days of the medical exam being performed. So you can submit it now, but it is recommended to submit it at the interview.

50 minutes ago, Silvia Kosovych said:

My I-20 is going to expire May 2019. Do I have to renew it while I wait for the AOS? I understand it is an administrative errand but I am not sure what to do (my VISA expires the same day but that is just an entry document thus I should not worry, right?).

If you don't maintain your F-1 status then you'll still have authorized stay allowed by the US Attorney General because of the pending AOS; the I-485 receipt notice or the AOS EAD is the proof of this. Also, more reason to include the free I-131 for AOS-based AP.

Edited by accumbyte

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USCIS Q and A that states its free to file I-765 and I-131 in your case; https://www.uscis.gov/news/questions-and-answers/uscis-issue-employment-authorization-and-advance-parole-card-adjustment-status-applicants-questions-and-answers:

Quote

Q5. How much does this card cost?

A5. If you submitted an application for adjustment of status on or after July 30, 2007 (or on or after August 18, 2007, for employment-based cases), you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The fee for Form I-485 is <outdated cost>, and there is no separate fee for Forms I-765 and I-131 associated with a Form I-485. For those cases that were filed under the old fee structure, the costs for this card will equal the combined costs of filing Forms I-131 and I-765, which is a total of <outdated cost>. Visit www.uscis.gov/fees for more information.

 

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1 hour ago, accumbyte said:

No need to do it now; it can wait. You'll need it for the interview. At the AOS interview, the medical shouldn't be older than 60 days*.

*The actual rule is that USCIS should receive the medical within 60 days of the medical exam being performed. So you can submit it now, but it is recommended to submit it at the interview.

Medical examination info; https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html:

Quote

Applicants may submit the Form I-693 medical examination report to USCIS:

  • Concurrently with the immigration benefit application; or
  • At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

 

Edited by accumbyte

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