Pinkielicious

Hello, I just have some questions regarding my case. I already sent out the application on Wednesday. It reached USCIS yesterday (3/16). I will be graduating from college this May with 2 A.A Degrees. I do not plan to transfer anytime soon due to financial issue. So my questions are:

- My I-20 will be expired after I graduate. I have heard that as long as I receive the first notice from USCIS, which is the NOA1, I will be ok to stay and wait for the interview, won't I?

- Will it be fine if I do not transfer to a 4-year university? Will I be out of status? Or, as mentioned above, the NOA1 will save me?

Thank you for your time!

2 hours ago, aleful said:

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no

 

he needs to file the i864 as the sponsor and the other person another i864 as the joint sponsor

 

the i864ez is for petitioners that don't need joint sponsors or co sponsor, their income alone is enough

 

he will mark 1 A as he is your petitioner and primary sponsor there is no yes or no,,

Thank you!!! I thought my husband needs to fill the EZ one. Do we need to attach his paystubs too? Or w2 and tax return are enough?

Hi guys,

I have a quick question regarding the 2 forms, I-864 EZ and I-864.  My husband only started working last year, and he already filed for Tax Return. We will include his W2 and Tax Return in the documents. However, since his income does not meet the poverty guideline, a friend of mine will be the co-sponsor. He already filled and signed the I-864 form. However, will my husband need to fill the I-864EZ one? If so, what should I put for the Part 1 of the form? Should I put Yes for 1a, 1b, and 1c?  Or should I put No since my husband is not qualified to sponsor me due to his income?

On 2/20/2017 at 8:54 AM, Boiler said:

EAD OPT could be good Insurance.

Thank you! I think I'll go for it just in case.

On 2/20/2017 at 8:14 AM, el_greco said:

Pinkielicious, there is no way that your OPT-EAD will be ready (and received) in 3-4 weeks! I applied for my F1-based OPT last March and it arrived 2 months after the application receipt by USCIS. Spring graduation season is very busy for OPT applications, and the longer it takes before you apply, the later your application will be adjudicated. I either recommend to file for AOS immediately, or to apply for your OPT EAD, again, immediately. 

That's what she told me, so I wasn't sure. But since you have already had the experience, I should do as your advised. By the way, how long does your OPT-EAD last? Is it true that once I receive the EAD, I have 3 months to look for job? 

Thank you!

On 2/19/2017 at 10:59 PM, randomstairs said:

Once you file for AoS you will be in authorized stay even if your non-immigrant status (F1) expires. You will be lawfully present in the US even before you receive the EAD (based on AoS). So no worries about the legal status there. However, OPT based EAD may still be worth considering due to highly variable and unpredictable processing times for AoS-based EAD (USCIS has recently removed the 90-day "guarantee").

 

 In any case, if I were you, I'd file for AoS soon. You still have 2.5 months of work authorization and you just may get the EAD on time. I'd say worst case scenario would be 1-2 moths of unemployment, comes May. I would just do the AoS and keep fingers crossed. But OPT sounds reasonable too - if you are willing to pay for it. Your status will be fine in either case.  

Thank you for the information, randomstairs! I've also heard some people said that once I received the first notice from USCIS, I'll be fine staying here even if my I-20 is expired. Is it ok to file for AOS-based and OPT-based EAD at the same time? How long does AOS-EAD last?From your signature, it shows that you filed for AOS since last March, but you have not gone for interview yet until now. Is the wait that long?

Hello Cheezees,

Thank you so much for your reply! I checked with my couselor last week, and she told me that if I apply for OPT, I will receive the EAD within 3 to 4 weeks, then I will be able to stay here legally for 3 months to look for jobs. That's why I plan to go for OPT if I do not hear anything from USCIS in late April or May. By the way, do you mind if I ask some additional question? I have heard that once I graduate, I will be able to stay in the States for 60 days. Is it true? And will I be fine if I receive the first notice from USCIS? Finally, how long does the process normally take? Some of my friends got their green card after 4-6 months, but some others took about a year or so.

Thanks again!

Hello guys,

I am an international student from Vietnam, and I am currently on F-1 Visa. I'm married to a USC on November 2015. We plan to file for AoS within this month (February) or next month (March). The problem is I will be graduating in May, and I think my documents will not be processed that quick. So my question is should I file for EAD through OPT after I graduate while waiting for my AoS-based EAD, so I can buy me some time without being out of status? And when is the lastest should I file for AoS to avoid being out of status?

Thank you!!!