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besabrina

OPT EAD expiring while Pending i-485 EAD

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Hi, I'm very new here but needing all the help and advice I can get.

My husband OPT EAD is expiring in April, 2019. We filed i-130, i-485 and i-765 since October 2018. 

We received the Notice Receipt for all but we have not yet gotten our Biometrics Appointment Notice yet.

 

Our PD: 10/02/2018

Notice Date: 10/08/2018

 

We called a few days ago to request for Biometrics Appointment Notice. Not really sure what to do here :( getting real anxious and feeling so stressed out.

Can he still stay in the US after his OPT expires? Can he still work after? Does the 180 extensions applies for OPT EAD?

 

Please let me know and thank you so much!

Really appreciate all the advice I can get.

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He's an AOS applicant so he's in authorized stay. He can still stay in the US when his OPT expires, no worries there. Only problem is he can't work after his OPT expires, until he gets his EAD, for which he needs to do a biometrics appointment.

 

It's very strange that you have not been called to that appointment. Make sure your address with the USCIS is correct, I assume it is because you received NOA1, but double check. 


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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2 minutes ago, LizM said:

He's an AOS applicant so he's in authorized stay. He can still stay in the US when his OPT expires, no worries there. Only problem is he can't work after his OPT expires, until he gets his EAD, for which he needs to do a biometrics appointment.

 

It's very strange that you have not been called to that appointment. Make sure your address with the USCIS is correct, I assume it is because you received NOA1, but double check. 

Thank you so much for the answer!

 

We moved to a different state in December of 2018, so we recently called USCIS to change our address. Our old address is at my sister's and she said she has not received anything at all. 

:(

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Gotcha. Try to schedule an Infopass appointment with your closest office or call and ask to speak to Tier 2. You'll want to ask them if they've sent out a biometrics appt letter or not. If they have sent it it's important you find out asap, because not showing up to bio appt means abandoning AOS. Likely though they have not sent out a bio appt letter (for whatever reason) but then the Infopass/call would be about sorting out why that is. Hope you can figure this out soon!


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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1 hour ago, LizM said:

Gotcha. Try to schedule an Infopass appointment with your closest office or call and ask to speak to Tier 2. You'll want to ask them if they've sent out a biometrics appt letter or not. If they have sent it it's important you find out asap, because not showing up to bio appt means abandoning AOS. Likely though they have not sent out a bio appt letter (for whatever reason) but then the Infopass/call would be about sorting out why that is. Hope you can figure this out soon!

This is extremely helpful. Thank you so much! I'll do that ASAP.

 

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13 hours ago, besabrina said:

 

Can he still stay in the US after his OPT expires? Can he still work after? Does the 180 extensions applies for OPT EAD?

 

He can stay after his OPT expires due to his pending AOS. OPT EAD automatic 180 day extension applies only if he has applied for STEM extension. If not he cannot work once OPT expires. 

 

If STEM extension hasn’t been applied, then he can work only after he receives his AOS EAD after OPT expires.

 

 

 

 


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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Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas Progress Reports.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 3/22/2019 at 6:28 PM, besabrina said:

Hi, I'm very new here but needing all the help and advice I can get.

My husband OPT EAD is expiring in April, 2019. We filed i-130, i-485 and i-765 since October 2018. 

We received the Notice Receipt for all but we have not yet gotten our Biometrics Appointment Notice yet.

 

Our PD: 10/02/2018

Notice Date: 10/08/2018

 

We called a few days ago to request for Biometrics Appointment Notice. Not really sure what to do here :( getting real anxious and feeling so stressed out.

Can he still stay in the US after his OPT expires? Can he still work after? Does the 180 extensions applies for OPT EAD?

 

Please let me know and thank you so much!

Really appreciate all the advice I can get.

He can definitely stay since you've already filed i-485 but he can't work until he receives the new EAD. 180 days expansion only applies when you apply for extension of the EAD from same category. Sometimes taking unpaid leave works for some companies to keep the job.


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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