When to apply for AOS, if OPT is currently in the process ?

[panteraboy 0]

I would need to have EAD either from F1 OPT or USC marriage AOS before June. So, I'll either be applying for OPT since I am graduating in May or apply AOS w/ EAD package. Lawyers tell me to go for OPT because it's guaranteed and later apply for AOS.

My question is, if I go the OPT route, when do I apply for AOS ? How long after RECEIVING the card in hand ?

Thanks

Edited March 1, 2011 by NYC4Life

[YuAndDan 153]

You are on a student visa, moving to AOS from Work/STUDENT/Tourist visa forum...

[Little_My 464]

I asked the same question from my international student advisor at my university, and based on their knowledge, once your OPT has been approved, it will not be revoked even if you then get married and apply for AOS. However - if you are already married to a USC, they might not grant you OPT, since it might be interpretet as intent to immigrate, and OPT is still under F-1, which is a non-immigrant visa. So, technically, if you are not married yet, you could apply for OPT, wait for it to go through, get your EAD card, and pretty much right after that (if you wanted), get married and apply for AOS.

This is information from an ISS adviser, who is NOT an immigration lawyer, so if I were you I would try tp consult a lawyer before taking either route. OPT generally is guaranteed, but if you are married already, that might make it trickier.

[panteraboy 0]

I asked the same question from my international student advisor at my university, and based on their knowledge, once your OPT has been approved, it will not be revoked even if you then get married and apply for AOS. However - if you are already married to a USC, they might not grant you OPT, since it might be interpretet as intent to immigrate, and OPT is still under F-1, which is a non-immigrant visa. So, technically, if you are not married yet, you could apply for OPT, wait for it to go through, get your EAD card, and pretty much right after that (if you wanted), get married and apply for AOS.

This is information from an ISS adviser, who is NOT an immigration lawyer, so if I were you I would try tp consult a lawyer before taking either route. OPT generally is guaranteed, but if you are married already, that might make it trickier.

I am not married yet but I will be come next week. I might apply for OPT this week with the International Student office at my Grad school. The advisor also told me to protect what is mine, as in, ability to maintain status and get EAD through OPT. I am still not quite sure how long after receiving the card physically or getting approved notice, I would need to wait. Some say to wait 90 days. Based on what you said I could apply almost immediately after being approved.

About Marriage, I don't think getting Married has any recuperation to OPT, as long as you haven't filed for AOS yet.

[Little_My 464]

Well, the reason why the ISS adviser suggested that being married to USC when filing for OPT could have a negative affect on OPT application is that F-1 visa has a requirement of 'non immigrant intent', and your current F-1 is extended for OPT. Though it is employment, you are still under F-1 status.

In any case, as I said, this is coming from an ISS adviser who is not a lawyer and is also not required to provide advice on issues regarding marriage to a USC (ant technically not even allowed to do so), so I would ask from your lawyer, since you've already consulted one earlier. I don't think there is any magical day limti anyone can give you - but then the other thing is, what is the rush to apply for AOS once you have your EAD? OPT is good for 12 months from the day it was issued, so you have then bought yourself an additional year here, and could wait for example 3-4 months after your OPT has been approved, before filing for AOS based on marriage.

[panteraboy 0]

Well, the reason why the ISS adviser suggested that being married to USC when filing for OPT could have a negative affect on OPT application is that F-1 visa has a requirement of 'non immigrant intent', and your current F-1 is extended for OPT. Though it is employment, you are still under F-1 status.

In any case, as I said, this is coming from an ISS adviser who is not a lawyer and is also not required to provide advice on issues regarding marriage to a USC (ant technically not even allowed to do so), so I would ask from your lawyer, since you've already consulted one earlier. I don't think there is any magical day limti anyone can give you - but then the other thing is, what is the rush to apply for AOS once you have your EAD? OPT is good for 12 months from the day it was issued, so you have then bought yourself an additional year here, and could wait for example 3-4 months after your OPT has been approved, before filing for AOS based on marriage.

There would be no rush...I am just concered how my employer would take it if I show them my OPT Work Authorization. One lawyer told me that as long as you show that you are married to them and Green Card is in the process, they should accept your OPT EAD. That's the only reason I am rushing. Else, waiting sounds wise.

[Little_My 464]

EAD through OPT and EAD through GC application are two very different things - I am not sure if I understood you correctly here. A lawyer told you that your employer should accept your OPT if you are married? That sounds weird to me.. EAD through OPT is just as valid as EAD through GC application. Or are you referring to the fact that OPT EAD is only for 12 months? And your employer might want someone who can stay for longer?

[panteraboy 0]

EAD through OPT and EAD through GC application are two very different things - I am not sure if I understood you correctly here. A lawyer told you that your employer should accept your OPT if you are married? That sounds weird to me.. EAD through OPT is just as valid as EAD through GC application. Or are you referring to the fact that OPT EAD is only for 12 months? And your employer might want someone who can stay for longer?

My employer does not sponsor, so my lawyer was saying the exactly what you interpreted on your last question, "And...for longer?" They want someone who can stay here much more than the 12 month period on OPT.

Edited March 1, 2011 by NYC4Life

[snooki703 7]

My employer does not sponsor, so my lawyer was saying the exactly what you interpreted on your last question, "And...for longer?" They want someone who can stay here much more than the 12 month period on OPT.

Form I-9 (which says what documents employees can use to prove employment authorization/identity to the employer) definitely authorizes the EAD, including the EAD you would obtain from your OPT application.

If HR says something about the one year expiration date, then just explain to them that you are in the process of registering your permanent residence in the US and ensure them that on the day of expiration on your OPT/ or even earlier, you would provide them with renewed proof of employment (the greencard).

So to answer your original question, you should file AOS such that by the time you would get your green card it would be before the day your OPT expires. Predictably, the NYC office is quite busy so if I were you I would get the process started as soon as you're ready with all the necessary documents (birth certificate, tax returns, marriage certificate, pay stubs etc. etc. etc.)

[panteraboy 0]

Form I-9 (which says what documents employees can use to prove employment authorization/identity to the employer) definitely authorizes the EAD, including the EAD you would obtain from your OPT application.

If HR says something about the one year expiration date, then just explain to them that you are in the process of registering your permanent residence in the US and ensure them that on the day of expiration on your OPT/ or even earlier, you would provide them with renewed proof of employment (the greencard).

So to answer your original question, you should file AOS such that by the time you would get your green card it would be before the day your OPT expires. Predictably, the NYC office is quite busy so if I were you I would get the process started as soon as you're ready with all the necessary documents (birth certificate, tax returns, marriage certificate, pay stubs etc. etc. etc.)

Honestly, I have all my documents ready except the marriage certificate. I was originally thinking to apply for AOS w/ EAD the day I get my marriage certificate which would be the same day of the ceremony. However, lawyers and student advisors advise to apply for EAD through OPT and go for AOS.

I rather get over this process and apply for AOS.

[missaero 7]

It took me 2 months from filing AOS to get my EAD so in my opinion it is not going to benefit you to do EAD on OPT. I did a pre completion OPT and it took 2.5 months for my EAD to arrive so like I said, there really is no benefit to waiting. Go ahead, marry, get your AOS on the way :-)