Anyone else adjusting status from F-1 ??

[EstebanTrabajos 7]

Forgot to add,

Yes if you receive your OPT card you can legally work with it, and also apply for another work permit based on your AOS. I don't really know how this is going to work out though. You mentioned that the OPT process hasn't been completed and you are about to start a second process for another work permit though. Hopefully, you will receive your OPT card before sending the EAD application based on your marriage and avoid any brain damage from USCIS

Edited May 21, 2008 by GueraYTavo

[Heliosphan 1]

Wow - talk about quick response! The reason I didn't send the I-485 with the I-130 is because it specifically states that "immediate relatives (spouse) of a US Citizen" are not eligible to submit the I-485 until they have an "approved immigrant petition". I thought I had to send the I-130, get it approved, then send the I-485. At least that is how I read it, I'll phone now.

Much thanks,

A.

If you continue reading the line (they write in such a weird way ) it says that you should include a petition that will make a visa number immediately available to you.

[EstebanTrabajos 7]

If you continue reading the line (they write in such a weird way ) it says that you should include a petition that will make a visa number immediately available to you.

Yeah USCIS is sometimes kinda mental, that's why we have VisaJourney we rule and can do the job w/o charging you hundreds of dollars.

[eau_xplain 2]

Wow - talk about quick response! The reason I didn't send the I-485 with the I-130 is because it specifically states that "immediate relatives (spouse) of a US Citizen" are not eligible to submit the I-485 until they have an "approved immigrant petition". I thought I had to send the I-130, get it approved, then send the I-485. At least that is how I read it, I'll phone now.

Much thanks,

A.

Now that you have sent your I-130, wait until you get the NOA/receipt before you send in your I-485. You will need to attach a copy of the NOA1/receipt for the I-130 as one of your initial evidence for the I-485. If you don't attach a copy of the NOA, your I-485 will be rejected outright.

[Heliosphan 1]

Forgot to add,

Yes if you receive your OPT card you can legally work with it, and also apply for another work permit based on your AOS. I don't really know how this is going to work out though. You mentioned that the OPT process hasn't been completed and you are about to start a second process for another work permit though. Hopefully, you will receive your OPT card before sending the EAD application based on your marriage.

Yup

I'm on OPT now, but it ends in a little over a month. I sent in the AOS packet last week. But I'm also going to start a whole new degree program come Sept (that wants me to maintain F1 status while this whole AOS thing goes through). Such a headache. I think they're still sending me the I20 so I'll technically be still on F1 with a SEVIS record.

This AOS pending status, no one knows what to do with it.

[truenortheh 0]

You guys/gals are the best! I shall keep my fingers crossed that OPT is approved. I'm technically still enrolled at the University as I've finished my coursework but am working on my dissertation. This might help as it is different than having completely finished the entire program (as far as OPT goes).

I have received the NOA for the I-130 today and they cashed the check. So now the question is: do I send the I-485 in with the NOA and the I-131 or would that be pushing my luck even further The real priority is working this fall, but being able to travel home to Canada for an upcoming family wedding would be nice. If the OPT is denied, then I can later send in an EAD application based on the marriage rather than my current F1 status.

I'm starting to get a headache!

Tks,

A.

Edited May 21, 2008 by truenortheh

[Heliosphan 1]

You guys/gals are the best! I shall keep my fingers crossed that OPT is approved. I'm technically still enrolled at the University as I've finished my coursework but am working on my dissertation. This might help as it is different than having completely finished the entire program (as far as OPT goes).

I have received the NOA for the I-130 today and they cashed the check. So now the question is: do I send the I-485 in with the NOA and the I-131 or would that be pushing my luck even further The real priority is working this fall, but being able to travel home to Canada for an upcoming family wedding would be nice. If the OPT is denied, then I can later send in an EAD application based on the marriage rather than my current F1 status.

I'm starting to get a headache!

Tks,

A.

Send in the i485 and apply for Advanced Parole before you do anything like leave the US. Part of the F1 agreement is that you remain a non-immigrant and return to your country. By filing the I-130 you're taking steps that break that agreement so once you leave it's likely they won't let you back in. Which is why you need to file for AP, that lets you travel.

[EstebanTrabajos 7]

Send in the i485 and apply for Advanced Parole before you do anything like leave the US. Part of the F1 agreement is that you remain a non-immigrant and return to your country. By filing the I-130 you're taking steps that break that agreement so once you leave it's likely they won't let you back in. Which is why you need to file for AP, that lets you travel.

I second that, I had to sign that before getting my F-1, falling in love is another story Put all your stuff together before even trying to leave the country, I didn't apply for AP and had to stay in the US for 7 months straight until getting my GC. Don't trust too much on your luck while dealing w/immigration

Edited May 21, 2008 by GueraYTavo

[Heliosphan 1]

Any more F1 students?

[Jandy 0]

Hey everybody,

I'm also adjusting from F-1 too... i was wondering if any of you got an RFE, and the last time that they touched your case was April 10th ??..I don't know if it's because of the RFE that they haven't touched it, or is it standard procedure?

Our case is still at National Benefits Center...so I'm wondering if it is a sign that they put it somewhere our case, or maybe got denied?

So many questions...but no answers...

well good luck everyone with your case:)

Jessica

[Heliosphan 1]

Hey everybody,

I'm also adjusting from F-1 too... i was wondering if any of you got an RFE, and the last time that they touched your case was April 10th ??..I don't know if it's because of the RFE that they haven't touched it, or is it standard procedure?

Our case is still at National Benefits Center...so I'm wondering if it is a sign that they put it somewhere our case, or maybe got denied?

So many questions...but no answers...

well good luck everyone with your case:)

Jessica

Hey!

They'd mail you an RFE if they needed something. Have you gotten your EAD or AP?

There's really little information for F1s

[Jandy 0]

nope...i didnt get anything at all...before getting an RFE in mid march, they touched my case, but since they got it in April 2nd, and then touched it and emailed me on April 10th about having received etc...they haven't touched it since that day....and compared to other people who also applied same time as me in Honolulu, they got their EAD in early may, and now they are waiting for the day of their interview which is in mid june...

But yea ....for me that's not the case...I don't know if they lost my case or something...but overall i didn't get anything since biometrics

Good luck everyone

[EstebanTrabajos 7]

nope...i didnt get anything at all...before getting an RFE in mid march, they touched my case, but since they got it in April 2nd, and then touched it and emailed me on April 10th about having received etc...they haven't touched it since that day....and compared to other people who also applied same time as me in Honolulu, they got their EAD in early may, and now they are waiting for the day of their interview which is in mid june...

But yea ....for me that's not the case...I don't know if they lost my case or something...but overall i didn't get anything since biometrics

Good luck everyone

An RFE can slow down your process, if they sent the notice saying they received the evidence it is not lost, be patient you are still within the time frame if it takes more than 90 days schedule an infopass

Edited May 30, 2008 by GueraYTavo

[Lili 3]

nope...i didnt get anything at all...before getting an RFE in mid march, they touched my case, but since they got it in April 2nd, and then touched it and emailed me on April 10th about having received etc...they haven't touched it since that day....and compared to other people who also applied same time as me in Honolulu, they got their EAD in early may, and now they are waiting for the day of their interview which is in mid june...

But yea ....for me that's not the case...I don't know if they lost my case or something...but overall i didn't get anything since biometrics

Good luck everyone

No RFE but i haven't been touched since march. It is just entirely depressing. Everybody is moving forward in my thread, and i am still stuck in some sort of black hole.

I just hope for an interview letter before my birthday. That would make me super happy.

Just relax and live your life! Don't wait on your greencard and someday things will move along.

[Jandy 0]

Hi everybody,

Today, my case has been "touched"...but mostly because they wanted more evidence in my I-485 case...Last time they sent an RFE, it was about the sponsor thingie...hope that this time it is not about the same thing, because we are pretty sure that we filled out everything...

so the case is now suspended....it is depressing ...but oh well....now i know that they haven't lost my case...

For those whose case hasn't been touched for a long time, just hang it there, because they will one day like mine...after 6 weeks of patience XP...

Good luck