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bvidal

I applied for I-130 should I get an OPT to extend my current F1?

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Hi, I am student currently on F-1, my program ends on May 24th 2019.

At the end of January I married an American, we filed the I-130 at the end of February.

I got a job that starts on August 12, 2019.

Should I apply to the OPT ?

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Did you only file I-130 without I-485? If you are in the US (which you should be) you can file for I-485 and I-767 at the same time to get work authorization before you GC.

 

current processing times have been longer for work authorization to go through but seems like you got decent amount of time still.

 

 


 

1/17/2018 AOS sent I-130, I-485 and I-765

1/19/2018 AOS package received Chicago USCIS [Priority Date]

1/24/2018 Email and text notification received

1/25/2018 Checks cashed

1/29/2018 NOA1

1/30/2018 Expedite Request on EAD

2/2/2018 Expedite Request cannot be completed without biometrics [ e-mail]

2/2/2018 Biometrics Appointment Letter in mail

2/2/2018 Biometrics done (early walk in)

2/8/2018 Second EAD expedite request submitted.

2/12/2018 Received E-mail notification requesting employment termination letter.

2/12/2018 Fax sent for Employment termination letter.

2/22/2018 Case is assigned to an officer. Case is currently on hold while they request case file (Only applies to expedite request).

2/28/2018 "We received your request to expedite the decision on your application. Your case is currently under review. You will receive a decision or notice of further action shortly." (20 days since expeditious request was submitted...)

3/1/2018 EAD Approved! (Day 41)

3/6 "EAD Was Mailed to Me"

3/9 EAD in Hand

7/24 Interview Scheduled Notice

8/22 Green Card approved at the interview

9/24 Congressional Inquiry

9/25 Card is Being Produced 

9/25 Case Was Approved

9/27 Card Was Mailed to Me

9/29/2018 Green Card In Hand

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9 minutes ago, bvidal said:

I don´t know anything about the I-485 and I-767 !

I filed only the I-130 and I-130A on February 25.

What should I do?

File form I485 together with form I-131 (Advanced Parole- Travel Documents allow yoy to re-enter the US) and form I-765 Employment Authorization. The I-765 is what you file for OPT anyway, but you file it now based on the I-485. The AP and the EAD take 4-6 months to approve . Note you cannot leave the US until the AP is approved.

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**Moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; OP is adjusting from student visa**


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

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10 hours ago, USS_Voyager said:

 

File form I485 together with form I-131 (Advanced Parole- Travel Documents allow yoy to re-enter the US) and form I-765 Employment Authorization. The I-765 is what you file for OPT anyway, but you file it now based on the I-485. The AP and the EAD take 4-6 months to approve . Note you cannot leave the US until the AP is approved.

 I received the mail saying that they received the I-130, should I send a separate envelope with those forms you are saying? How do I make them look at everything together?

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4 minutes ago, bvidal said:

 I received the mail saying that they received the I-130, should I send a separate envelope with those forms you are saying? How do I make them look at everything together?

Do you have the receipt number for the I-130? You need to include it so they can tie them together. But yes, file another envelope for the I-485/I-131/I-765. Follow the instructions on each of those form. There are no filling fees for the I-131/I-765 if filing together with the I-485, so you only pay the filing fee for the I-485. 

 

Good luck!

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2 minutes ago, bvidal said:

Those forms would allow me to work by august? So I shouldn´t apply the OPT?

Yes, the I-765 is the same exact form that you would use to apply for OPT, it's just that now you file it based on the I-485 and not the I-20. The advantage of the I-765 based on the I-485 is it allows you to work for ANY employer, when the OPT one has restrictions (has to be in your field, .... ). Processing times are the same, because it is the same form. Right now it is 4-6 months average, so if you put it in now, you have a decent chance it'll get approved by August. Is it a guarantee? No,  no one can guarantee anything with USCIS, not even God. 

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American, you mean a US citizen? coz you cannot apply for I485 EAD if your spouse is a GC holder at this time.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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A noncontributory post has been removed, along with a quote of it.  Be respectful and on-topic.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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