I-131 (do I apply for advance parole?); I-765 (renewal or permission to accept employment?).

[dirtyweebesom 8]

Hi,

I posted the same questions elsewhere tonight but my post got moved (I think because I didn't mention I am applying for conditional permanent resident status through marriage...I will therefore no longer be F1).

I entered the US on an F1 visa to begin graduate school in August 2004.

After graduation, I got an EAD because of OPT (my work permit expired on July 15th 2009).

I got married to my now husband (American citizen) on April 13th 2009 (couldn't apply to change status before visa/work permit expired because it has taken me aaaages to save up all the money for this whole process).

QUERY ABOUT I-131

Part 2: What is my application type? I have checked box (d): I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel. Is this correct?

QUERY ABOUT I-765

(1) As I had an EAD because of OPT previously, I am tempted to check the box that says I am applying for "renewal of permission to accept employment". However, in the instructions it says renewals are "issued to an eligible applicant at or after the expiration of a previous EAD issued under the same category". It is the words "under the same category" which I find troubling because my new EAD (if I am given one) will be for a conditional permanent resident and not an F1 visa holder as I was when I had my first EAD.

Does this mean I am really applying for ""permission to accept employment".

(2) It asks me to state which USCIS office I received my last EAD (OPT) from, but I have no idea about this because it was the university who sent off my OPT application, not me. Should I email immigration services at the university to find out the answer to this question, or should I just say "Don't know"?

(3) Question or part 16: What the hell is my eligibility category? It is just c(9)?

[JERIII 8]

Hi,

I posted the same questions elsewhere tonight but my post got moved (I think because I didn't mention I am applying for conditional permanent resident status through marriage...I will therefore no longer be F1).

I entered the US on an F1 visa to begin graduate school in August 2004.

After graduation, I got an EAD because of OPT (my work permit expired on July 15th 2009).

I got married to my now husband (American citizen) on April 13th 2009 (couldn't apply to change status before visa/work permit expired because it has taken me aaaages to save up all the money for this whole process).

QUERY ABOUT I-131

Part 2: What is my application type? I have checked box (d): I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel. Is this correct?

Yes.

QUERY ABOUT I-765

(1) As I had an EAD because of OPT previously, I am tempted to check the box that says I am applying for "renewal of permission to accept employment". However, in the instructions it says renewals are "issued to an eligible applicant at or after the expiration of a previous EAD issued under the same category". It is the words "under the same category" which I find troubling because my new EAD (if I am given one) will be for a conditional permanent resident and not an F1 visa holder as I was when I had my first EAD.

Does this mean I am really applying for ""permission to accept employment".

That's what we did (my wife was in the same situation as you). We did not check the "renewal" box, for the reason you state.

(2) It asks me to state which USCIS office I received my last EAD (OPT) from, but I have no idea about this because it was the university who sent off my OPT application, not me. Should I email immigration services at the university to find out the answer to this question, or should I just say "Don't know"?

You should probably try to find out. Either ask the University or look at the receipt for your OPT, it will be on that. (It depends on the state you live in, so probably all the applications from your University go to the same place. You live in Texas (?), so it was probably sent to the Texas Service Center.)

(3) Question or part 16: What the hell is my eligibility category? It is just c(9)?

It is c(9), yes.

[English Muffin 59]

Moving to correct forum. You have again posted in the forum for people adjusting status from Family Based (K) visas but you are adjusting from a student (F ) and work (OPT) visas.

Moving to adjusting status from Work, Student & Tourist visas forum.

ETA: People adjusting from family based visas (K) do not submit the same paperwork as people adjusting from 'other' visas. This is why there are different forums for these different applications. You'll just have to trust me that I'm moving it to the right place.

Edited August 13, 2009 by English Muffin

[dirtyweebesom 8]

Thanks, Jeriii! Much appreciated.

And, sorry, English Muffin, for posting in the wrong place - AGAIN! I actually realized my mistake as soon as I made that second post. I don't know what was wrong with me last night. I guess my brain was just frazzled from having filled out all those forms.

[English Muffin 59]

No problem.

[km24 0]

Hi,

I posted the same questions elsewhere tonight but my post got moved (I think because I didn't mention I am applying for conditional permanent resident status through marriage...I will therefore no longer be F1).

I entered the US on an F1 visa to begin graduate school in August 2004.

After graduation, I got an EAD because of OPT (my work permit expired on July 15th 2009).

I got married to my now husband (American citizen) on April 13th 2009 (couldn't apply to change status before visa/work permit expired because it has taken me aaaages to save up all the money for this whole process).

QUERY ABOUT I-131

Part 2: What is my application type? I have checked box (d): I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel. Is this correct?

QUERY ABOUT I-765

(1) As I had an EAD because of OPT previously, I am tempted to check the box that says I am applying for "renewal of permission to accept employment". However, in the instructions it says renewals are "issued to an eligible applicant at or after the expiration of a previous EAD issued under the same category". It is the words "under the same category" which I find troubling because my new EAD (if I am given one) will be for a conditional permanent resident and not an F1 visa holder as I was when I had my first EAD.

Does this mean I am really applying for ""permission to accept employment".

(2) It asks me to state which USCIS office I received my last EAD (OPT) from, but I have no idea about this because it was the university who sent off my OPT application, not me. Should I email immigration services at the university to find out the answer to this question, or should I just say "Don't know"?

(3) Question or part 16: What the hell is my eligibility category? It is just c(9)?

--Hello there!

I'm on a student visa/F1 visa too and last month my fiance and I got married here in California. Now we're preparing for the I-130 requirements as well as the I-485 AOS, I-131 and I-765. And we're still confused on how to fill up the I-131. Do I have to choose the Advance Parole?

Thanks in advance..