AOS (Marriage) pending, can I travel while on OPT?

[ontherocks 0]

Hi! I have been an F-1 student and married a US citizen while waiting for my EAD. My current OPT/EAD expires in July next year, and I'm now in the process of AOS (waiting for biometrics appointment notice). Can I travel overseas for work during this period? I didn't apply for I-131. Do I need to?

Thanks for your input!

Edited November 21, 2010 by ontherocks

[Harpa Timsah 13,258]

You need to apply for AP (through the 131 form). If you leave the country without an approved AP document, your AOS will be considered abandoned. Remember, your F-1 and related OPT are NON-immigrant statuses. You can't come back with an immigrant petition pending without the travel permission. The travel permission is free with the 485, so send it out. Good luck.

Someone please confirm. I am only mostly sure, not completely sure

[Maxximus1074 14]

You need to apply for AP (through the 131 form). If you leave the country without an approved AP document, your AOS will be considered abandoned. Remember, your F-1 and related OPT are NON-immigrant statuses. You can't come back with an immigrant petition pending without the travel permission. The travel permission is free with the 485, so send it out. Good luck.

Someone please confirm. I am only mostly sure, not completely sure

Hmmmm not sure what happened, but I did respond to this posting yesterday and now its gone?

Anyhow, I have to agree with you, leaving the US without advanced parole leads to USCIS no longer processing the AOS.

Like you mentioned the F-1 is a non-immigrant visa which does under normal circumstances gives you the possibilities to leave the country with the school you attend verifying your return to the US to continue studies. But, as in my initial response also included, once the AOS is filed, the F-1 status is no longer valid and one is considered "applicant for AOS" or immigrant.

[sachinky 465]

As your status is now "AOS pending," your non-immigrant F-1 and it's related OPT is, for all purposes, dead. Don't leave the US until your AP or GC is approved. Your entire AOS application will be deemed abandoned, then.

[ontherocks 0]

Is it best, then, that I don't work at all now until I get my AOS EAD?

[Maxximus1074 14]

Is it best, then, that I don't work at all now until I get my AOS EAD?

Uhm....maybe a silly question, but - just for me to clarify - are you already working aka doing the OPT?

If so, I'd say, continue with it, even if there may be a chance at the interview them asking you why you are working without a permit (am not sure if the OPT is really no longer valid as the previous poster said). Working without a permit is usually forgiven (unless you used a fake social security number or identity) and really should be done so when you explain that you started your F-1 related OPT prior to the marriage. I mean c'mon you did what you were entitled to and wanted to fully get educated at college and OPT, right?