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adityakulkarni198

Working while AOS and STEM-OPT EAD application pending

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My current OPT expires on May 1 and I have applied for a STEM-OPT extension. I could not apply until March 2nd week, so I will be working in the 180 day grace period after my current EAD expires. I am marrying a US citizen next week and plan to start my AOS and GC application process right away.

1. Would I still receive my STEM-OPT extension EAD card?

2. What is the best advice to continue work? Is it advisable to go ahead with the GC application or apply after receiving the new STEM-OPT extension EAD?

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1. Yes

2. Go ahead with GC application.


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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On 3/13/2019 at 1:40 PM, adityakulkarni198 said:

My current OPT expires on May 1 and I have applied for a STEM-OPT extension. I could not apply until March 2nd week, so I will be working in the 180 day grace period after my current EAD expires. I am marrying a US citizen next week and plan to start my AOS and GC application process right away.

1. Would I still receive my STEM-OPT extension EAD card?

2. What is the best advice to continue work? Is it advisable to go ahead with the GC application or apply after receiving the new STEM-OPT extension EAD?

1. You will most likely receive STEM-OPT EAD earlier.

2. You should continue working with your current status or STEM-OPT EAD (when you get it). But when you get your new EAD based on the GC application, it is highly recommended to abandon the STEM-OPT EAD and notify your school of your change of status, also continue your work using the new GC EAD

It is better to apply for GC as early as possible. If the two applications simultaneously conflict with each other, USCIS will provide you only the GC EAD instead of the STEM-OPT EAD. But most likely you will receive the STEM-OPT EAD earlier since you've already applied for it. So either way you will receive at least one EAD which should serve the purpose to continue your work.


June 28, 2018         : AOS Package Sent

July 02, 2018          : AOS Package delivered at USCIS Chicago Lockbox

July 10, 2018          : Received USCIS e-notification for AOS package reception

July 14, 2018          : Received hardcopies of all 3 NOA1s by mail

July 20, 2018          : Received Biometric Appointment Notice by mail || Appointment date: August 3, 2018

July 25, 2018          : Biometrics done in Lubbock, TX - Early Walk-In successful!

July 31, 2018          : Case is Ready to Be Scheduled for An Interview

August 2, 2018       : I-130 petition approved (received e-notification)

August 6, 2018       : Received I-130 approval notice (NOA2) by mail 

October 25, 2018   : I-765 approved (received e-notification _ New Card Is Being Produced)

October 28, 2018   : Received I-765 & I-131 approval notice by mail

November 1, 2018 : Received EAD Combo Card by mail

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13 hours ago, adityakulkarni198 said:

I am just worried if my application for the STEM-OPT EAD be nullified if I apply for AOS.

Even if your STEM-OPT EAD is nullified, you will get the GC EAD. But if you are not in a rush to travel abroad or switch jobs and want to avoid any confusion then wait for few months until you get the STEM-OPT EAD. Then apply for GC.


June 28, 2018         : AOS Package Sent

July 02, 2018          : AOS Package delivered at USCIS Chicago Lockbox

July 10, 2018          : Received USCIS e-notification for AOS package reception

July 14, 2018          : Received hardcopies of all 3 NOA1s by mail

July 20, 2018          : Received Biometric Appointment Notice by mail || Appointment date: August 3, 2018

July 25, 2018          : Biometrics done in Lubbock, TX - Early Walk-In successful!

July 31, 2018          : Case is Ready to Be Scheduled for An Interview

August 2, 2018       : I-130 petition approved (received e-notification)

August 6, 2018       : Received I-130 approval notice (NOA2) by mail 

October 25, 2018   : I-765 approved (received e-notification _ New Card Is Being Produced)

October 28, 2018   : Received I-765 & I-131 approval notice by mail

November 1, 2018 : Received EAD Combo Card by mail

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2 hours ago, AhsanTX said:

Even if your STEM-OPT EAD is nullified, you will get the GC EAD. But if you are not in a rush to travel abroad or switch jobs and want to avoid any confusion then wait for few months until you get the STEM-OPT EAD. Then apply for GC.

But, if my STEM-OPT EAD is nullified, I can't be working on an expired OPT card.

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On 3/15/2019 at 10:57 AM, adityakulkarni198 said:

But, if my STEM-OPT EAD is nullified, I can't be working on an expired OPT card.

If your STEM-OPT EAD is nullified, you can still probably work if you don't notify them until you get the GC EAD since you will be in the 180 days grace period. But it would not be a very good and easy way. So to be on the safe side, you can apply for GC later when you receive your STEM-OPT EAD.


June 28, 2018         : AOS Package Sent

July 02, 2018          : AOS Package delivered at USCIS Chicago Lockbox

July 10, 2018          : Received USCIS e-notification for AOS package reception

July 14, 2018          : Received hardcopies of all 3 NOA1s by mail

July 20, 2018          : Received Biometric Appointment Notice by mail || Appointment date: August 3, 2018

July 25, 2018          : Biometrics done in Lubbock, TX - Early Walk-In successful!

July 31, 2018          : Case is Ready to Be Scheduled for An Interview

August 2, 2018       : I-130 petition approved (received e-notification)

August 6, 2018       : Received I-130 approval notice (NOA2) by mail 

October 25, 2018   : I-765 approved (received e-notification _ New Card Is Being Produced)

October 28, 2018   : Received I-765 & I-131 approval notice by mail

November 1, 2018 : Received EAD Combo Card by mail

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