What happens in time between applying for AOS and getting EAD

[jall9537 0]

Hello Everyone!

I am a Graduate (Ph.D) student on F1 VISA and my wife USC we both got maried in Aug-2007( I came to US on F1 VISA in Summer 2003 for doing MS and later continued towards Ph.D) and we recently filed the AOS at the Chicago office. We received the Receipt Notice (Form I-797). My student VISA expired in Aug-2008 but I was continiously maintaining my F1 status till date.

My question is I am on a Research Assistantship(RA) and I am getting paid for that which is our only source of income (my wife is stay home mom), now my status is pending AOS that means I should not be getting paid since my status has changed and I dont have any EAD yet? Also, should I let the School know about this? I am worried If the school say's that I cannot get paid since I dont have an EAD yet? What is the right thing to do? How long will I have to wait to get my Biometrics and EAD ?

Also, We stay in Alabama where will I have my biometrics and interview most likely be? Please give me your valuable inputs or comments.

Thanks in Advance to all the effort you guys put to help people like me.

Have a wonderful Day.

JPJ.

[Pabs 0]

Hello Everyone!

I am a Graduate (Ph.D) student on F1 VISA and my wife USC we both got maried in Aug-2007( I came to US on F1 VISA in Summer 2003 for doing MS and later continued towards Ph.D) and we recently filed the AOS at the Chicago office. We received the Receipt Notice (Form I-797). My student VISA expired in Aug-2008 but I was continiously maintaining my F1 status till date.

My question is I am on a Research Assistantship(RA) and I am getting paid for that which is our only source of income (my wife is stay home mom), now my status is pending AOS that means I should not be getting paid since my status has changed and I dont have any EAD yet? Also, should I let the School know about this? I am worried If the school say's that I cannot get paid since I dont have an EAD yet? What is the right thing to do? How long will I have to wait to get my Biometrics and EAD ?

Also, We stay in Alabama where will I have my biometrics and interview most likely be? Please give me your valuable inputs or comments.

Thanks in Advance to all the effort you guys put to help people like me.

Have a wonderful Day.

JPJ.

Hi there,

As far as I know, you don't need to stop working while your AOS is pending.... The best thing to do, however, is to call your International Student Advisor and ask him/her what the procedure is in these cases (I'm sure this is not the first time a F1 student has getting married while working on his/her degree). I'm sure they'll know what to do... Please keep us posted!!!

Good luck!

Edited September 10, 2010 by Pabs

[jall9537 0]

Hi there,

As far as I know, you don't need to stop working while your AOS is pending.... The best thing to do, however, is to call your International Student Advisor and ask him/her what the procedure is in these cases (I'm sure this is not the first time a F1 student has getting married while working on his/her degree). I'm sure they'll know what to do... Please keep us posted!!!

Good luck!

Thanks for the prompt reply. I will keep you guys posted for sure. Also do you think I have to do my Biometrics in Atlanta local office or some other place close where I say in Alabama?

[Pabs 0]

Thanks for the prompt reply. I will keep you guys posted for sure. Also do you think I have to do my Biometrics in Atlanta local office or some other place close where I say in Alabama?

Again, the USCIS website will answer you that... They have a "Locate an office" feature that will tell you what your local office is... If Atlanta is the closest that's where it will be...

Good luck!

[Dakine10 5,452]

After applying for AOS, any non-immigrant in a category with previously approved work authorization may continue working in the same job for the same employer for the duration of the unexpired employment authorization.

Your non-immigrant work authization ends when

-your employment is terminated.

-you use your EAD to accept employment.

-your AOS is adjudicated.

-the non-immigrant status from which the work authorization derives ends.

Filing AOS does violate the non immigrant intent of a non immigrant visa. Some immigration attorneys are of the opinion that filing the AOS effectively terminates non immigrant status (and thus the work authorization), while others say filing AOS does not terminate non immigrant status unless USCIS elects to do so.

The American Immigration Lawyers Association (AILA) has asked USCIS to clarify it's position on the above. USCIS acknowledged the concerns but has not responded with any clarification of policy. The practice appears to be that non immigrant visas will not be extended after AOS is filed unless the visa allows dual intent (such as the H1B or L), but they are also NOT automatically terminated as a matter of policy.