OPT renewal while AOS is pending, waiting for biometric appt

[Paul Wang 0]

My case: came to USA as an F1, applied for OPT last year and OPT period is going to expire on August 31st, 2011.

Got married in Oct to a USC, and filed AOS on Mar 23, 2011. NOA-1 was accepted on Mar 28, 2011.

However, I am still waiting for biometric appt after almost 1.5 month. Sounds normal? By the way, I called USCIS customer service number: 1-800-375-5283, but I could not speak to a representative, any help?

I am going to file I-765 since my OPT will expire while my case is pending. But I have a concern about it. If I say I would like to renew my EAD, does it mean I want to extend my OPT. But my OPT cannot be extended for another year because of my forestry science major. Or application of I-765 will give me a new EAD under a different category. Need some suggestions.

Many thanks.

[Little_My 464]

The I-765 will not extend your OPT - you will be issued an EAD under the AOS-category, which has nothing to do with the OPT. So you are not renewing your EAD, you are getting a new one.

[Paul Wang 0]

That is what I thought too. But for the first question, "I am applying for:", what should I tell them? I guess I should check the box "Renewal of my permission to accept employment (attach previous employment authorization document)". And under question #11, say yes, since I do receive a EAD through Vermont Service Center last year which is under OPT. Am I right?

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The I-765 will not extend your OPT - you will be issued an EAD under the AOS-category, which has nothing to do with the OPT. So you are not renewing your EAD, you are getting a new one.

[Harpa Timsah 13,258]

No, you put "permission to accept employment." As Little my said, it is NOT renewal, because it is a whole new category. You would disclose the OPT EAD in the relevant part, yes.

Edited May 5, 2011 by Harpa Timsah

[Paul Wang 0]

That is the part I have the most concern. If I ask for permission to accept employment, but later you disclose you have a previouse EAD through OPT, do you give them a sense of cheating, even though they are under different category?

No, you put "permission to accept employment." As Little my said, it is NOT renewal, because it is a whole new category. You would disclose the OPT EAD in the relevant part, yes.

[Little_My 464]

Why do you think you would be giving them a "sense of cheating"? You applied for OPT, the application was accepted, you got your EAD and have been working perfectly legally under OPT ever since - now you are applying for AOS, which is a different EAD category, and you apply for EAD under that category. The OPT and AOS have really nothing to do with each other - I am not really sure why you are concerned?

A renewal EAD would be an EAD which is extended under the same category as it was originally issued. Your category is not the same, you are not applying for an extension for your OPT. You need to submit a copy of your current EAD with the application, and you fill out the details of your OPT EAD under section 11 of the form. You are not hiding anything, or cheating in any way.

Edited May 5, 2011 by Little_My

[Harpa Timsah 13,258]

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