lady_wenyi
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Posts posted by lady_wenyi
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I posted my question on a Legal Help Website:
Four different Immigration Attorneys answered as follows:
1) Filing for adjustment does not terminate your student status. Your employment authorization
will remain valid if you otherwise do not violate your student status.
2) You remain on F-1 visa until the time a decision is made on your adjustment to permanent resident.
If denied you remain on F-1, if approved you become a green card holder.
3) You can continue working on your current F-1 EAD until the end of it or your status is adjusted
whichever comes first. You can also ask for a new one in the process of AOS.
4) You remain in your current status until it expires or until you receive adjustment of status,
whichever is earlier. If your current status expires before your I-485 is adjudicated, it will
not disqualify you from adjusting status and you will not be considered accumulating unlawful
presence - unless your I-485 gets denied, in which case you will be considered an overstay from
the date of expiration of your F1-OPT. You can continue working with your OPT employment
authorization card until it expires (or until you receive a green card and no longer need an
EAD to work). You should also file I-765 application for employment authorization with I-485:
this way, you don't have to pay the I-765 filing fee, and, in about 3 months from filing,
you will receive a new EAD bearing the "adjustment of status applicant" codes. It will be
valid for a year, can be extended if your I-485 will remain pending 9 months from now; and
you can use it either right away - or after your OPT EAD expires. A bit of advice: if USCIS
does not call you in for an adjustment interview by the time when you will have only a couple
of months left of your OPT, or if you have some other reasons to doubt that your adjustment of
status will be granted before your current status expires, talk to an immigration attorney
about a possibility to extend your F1/OPT status or to change it to something else - to keep
you in status regardless of the outcome of the adjustment process.
= = = =
Your situation is a little different.
So there are also some threads here that indicate unauthorized work is forgiven for those who marry US citizens and file for AOS.
I read something similar as well, but I also heard that the 90 days unemployment rule is pretty strict.
I really dont know what to do since I might have a decent full-time job offer pretty soon.
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I got married to a US citizen and our case has been received by USCIS in November 2014. I am looking for a full-time job these days while waiting for my new ©(9)based EAD and green card to come. My F-1 based EAD card has exceeded the 90 days unemployment rule but it is not expired until August 2015. Will I able to work using the F-1 based EAD card if I do have a job lined up these days? Or do I have to wait the new EAD card to come to work.
Can I use my F-1 based EAD card to work while waiting for my green card and new (c)(9)based EAD card to come?
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
Thanks for the information but after reading more stuff online, I felt like waiting for my new EAD card to come would be a safer bet.
I guess I just dont want to risk it.
this sounds serious. I think i would have to wait the new EAD card to come