F-1 Student 2010 Filers

[Tor 0]

I am a USC and my gf is from canada here on an F-1 ( Expires May 2011). We would like to get married and then do AOS. I have several questions

We are planning to spend our Christmas break from school in Canada( 3 weeks in January 2011), which we have done before while she was on a F-1.

My main concern is if we get married in Feb-March 2011 time frame will our Christmas trip look strange when the forms are processed due to her having just left and re- entered the country over Christmas??

Also what are the travel restrictions like after the Gc is recieved, some say you are ok with a gc, others have said u need a I-551???

By the way this post is a great source of Info for all the F-1 to Aos people, Thanks for all the information everyone has provided.

Edited October 26, 2010 by Tor

[SweetApple08 2]

I am a USC and my gf is from canada here on an F-1 ( Expires May 2011). We would like to get married and then do AOS. I have several questions

We are planning to spend our Christmas break from school in Canada( 3 weeks in January 2011), which we have done before while she was on a F-1.

My main concern is if we get married in Feb-March 2011 time frame will our Christmas trip look strange when the forms are processed due to her having just left and re- entered the country over Christmas??

Also what are the travel restrictions like after the Gc is recieved, some say you are ok with a gc, others have said u need a I-551???

By the way this post is a great source of Info for all the F-1 to Aos people, Thanks for all the information everyone has provided.

Honestly since you guys are already planning to get married and have the F-1 student reenter on non-immigrant visa, while 2 months later you guys get married does not look good. I would rather get married ASAP and file for GC. I would rather spend this holidays in USA and spend money on the papaerwork rather than on Out of State tuition. AOS from F1 student is not that long and after ur GF get her conditional GC she can travel and reenter USA with no problem. I-551 is the approval of the GC (stamp), if she has GC she is good to go.

[ontherocks 0]

Hi! I married a US citizen in May while waiting for my OPT. My current OPT expires in July next year, and I'm in the process of AOS (waiting for NOA1 and biometrics appointment notice). Here are my questions:

1. Seeing how my OPT expires next July, should I apply for the EAD as well?

2. Can I travel overseas for work during this period (on my OPT)? I didn't apply for I-131.

Thanks!

[Maxximus1074 14]

Hi! I married a US citizen in May while waiting for my OPT. My current OPT expires in July next year, and I'm in the process of AOS (waiting for NOA1 and biometrics appointment notice). Here are my questions:

1. Seeing how my OPT expires next July, should I apply for the EAD as well?

2. Can I travel overseas for work during this period (on my OPT)? I didn't apply for I-131.

Thanks!

Hi,

sorry to burst your bubble, but from what I read in this forum many times and also was told by an immigration attorney is that once an active F-1 student

files an AOS package I-485 in particular you will lose the F-1 status since you are changing from non-immigrant to immigrant.

I am sure there is no problem for you to continue the OPT, yet, for any work you should have an authorization from USCIS (with OPT there's a different procedure yet an application for working if you will). As far as the travel goes, even for work, I would highly recommend not to leave the country, even if it is job related since the AOS filing there is no such thing as I-20 where a school verifies you coming back to continue your studies. I may be wrong, but am pretty certain that there is a problem here unless you file for advanced parole, but that again is more for emergency cases that you HAVE to leave the country.

Sorry if I am not very positive.

Good luck on your AOS journey!

M.

[Ghamzi 2]

Hi! I married a US citizen in May while waiting for my OPT. My current OPT expires in July next year, and I'm in the process of AOS (waiting for NOA1 and biometrics appointment notice). Here are my questions:

1. Seeing how my OPT expires next July, should I apply for the EAD as well?

2. Can I travel overseas for work during this period (on my OPT)? I didn't apply for I-131.

Thanks!

Maxximus1074 is actually right answering your second question. Once you have filed, you can not reenter the country using your F1 status. It is strongly recommended not to travel while your application is pending as this might affect your appointments. If you do must travel, make sure to apply for an Advanced Parole so you may be able to reenter while your AOS is still pending. That is done with Form I-131.

As far as your first question. I would not apply for another EAD since you have a vaild one till July. Most likely if things go as smooth as they should you will have your Application reviewed (Green Card Approval) long before July. Anyhow, assuming worst case scenario, if your application is still pending 90 days before July and there are no signs of interview yet, I would apply for an EAD using form I-765 along with a copy of your I-797C Notice of action to avoid paying the fees. If you read the instructions of I-765 you will actually find this in it.

Hope this helps!

[Fritz6333 0]

Hi! I married a US citizen in May while waiting for my OPT. My current OPT expires in July next year, and I'm in the process of AOS (waiting for NOA1 and biometrics appointment notice). Here are my questions:

1. Seeing how my OPT expires next July, should I apply for the EAD as well?

2. Can I travel overseas for work during this period (on my OPT)? I didn't apply for I-131.

Thanks!

Here's my experience, maybe you can use it to help make a decision:

1. I applied for an EAD while still on my OPT-EAD. However, I applied in September 2010 and my OPT was expiring in January 2011. I was in the same boat as you - basically wondering if they would let me have overlapping EADs. I applied because I knew that the waiting time was about 90 days, and I did not want to be able to not continue working because my OPT was expired. I was approved for and received my EAD last month.

My suggestion is check the processing times for AOS where you filed, and use it as a rough guide to decide if you want to risk not working if you haven't received your PR status by then. If you've filed for AOS already, it costs nothing to apply for an EAD.

2. The advanced parole document will allow you to travel while waiting on your AOS decision. USCIS are no longer as strict about only giving it out for emergency travel, etc. so you can always apply and on the form, put down for work reasons. They do like to have an expected time of travel and period away, and if you need it for more than one entry. If you have this info, it will be very helpful. Then only two things can happen:

Worst-case: not approved - you cannot travel out of the country for work. I don't know how this will affect your job, but I hope you accounted that this might happen when you started the AOS process.

Best-case: approved. No worries!

[ontherocks 0]

Here's my experience, maybe you can use it to help make a decision:

1. I applied for an EAD while still on my OPT-EAD. However, I applied in September 2010 and my OPT was expiring in January 2011. I was in the same boat as you - basically wondering if they would let me have overlapping EADs. I applied because I knew that the waiting time was about 90 days, and I did not want to be able to not continue working because my OPT was expired. I was approved for and received my EAD last month.

My suggestion is check the processing times for AOS where you filed, and use it as a rough guide to decide if you want to risk not working if you haven't received your PR status by then. If you've filed for AOS already, it costs nothing to apply for an EAD.

2. The advanced parole document will allow you to travel while waiting on your AOS decision. USCIS are no longer as strict about only giving it out for emergency travel, etc. so you can always apply and on the form, put down for work reasons. They do like to have an expected time of travel and period away, and if you need it for more than one entry. If you have this info, it will be very helpful. Then only two things can happen:

Worst-case: not approved - you cannot travel out of the country for work. I don't know how this will affect your job, but I hope you accounted that this might happen when you started the AOS process.

Best-case: approved. No worries!

Thank you so much for taking the time to share your experience. I suppose you didn't stop working after applying for the EAD?

I applied for advanced parole, but I don't really plan on leaving the country until I'm (hopefully) approved, just to be on the safe side.

[Martenss 1]

Hi!

I finally found correct TOPIC. I am adjuesting from F-1 on post completion OPT that is valid untild FEB 16.2011 ( oops), and I have interview on Thusrday Feb3. Darn... what I am going to tell them? " yes I have valid EAD card for the next 2 weeks... and another is on it's way?"... I have no idea what to tell them I guess be honest.I will have my EAD, I have to!

As everyone is saying online system is truly bad with keelping things up to date, and my case for EAD is still in "initial review".ohh...

So helpful to look at other timelines!( even if they ar emuch faster time mine) Thanks so much and good luck everyone!

Edited February 2, 2011 by Martenss

[Maxximus1074 14]

Yes, bring your EAD card with you, the one you got for the OPT as with having your AOS interview approved they will take away the EAD anyway - no need for it anymore.

Good luck for the interview - got mine tomorrow too

Maxximus

[Martenss 1]

Yes, bring your EAD card with you, the one you got for the OPT as with having your AOS interview approved they will take away the EAD anyway - no need for it anymore.

Good luck for the interview - got mine tomorrow too

Maxximus

ohh good luck! I think I was not clear with my post.. sorry! i have a job interview , not USCIS interview( though I wish it was!!1 hahaha). It is interview for positioan that starts in the Fall Semester and Community College, so I just have to be confident that I will get my EAD.

Good luck on your interview tomorrow! that is great!

mm

[Maxximus1074 14]

Hi MM,

sorry for misunderstanding - well, in that case, yes, take the one you have with you and if the employer will ask for the new one (that's if they pay attention to the expiration date on it) you can always bring along your AOS NOA1s, biometrics appointments etc. and eventually your GC

Good luck for your JOB interview

Maxximus

Edited February 4, 2011 by Maxximus1074