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7ing

OPT questions, help!!

By 7ing in Student & Exchange Visitor Visas

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7ing Rookie

7ing   0

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Filed: AOS (pnd) Country: China
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Hi everyone. I am an F-1 student just graduated this year, currently using OPT. And I just got married on August, and applied for I-130(green card) at the end of August. USCIS is processing my case. I just got the I-797 Notice of action yesterday. However, my OPT starts at 7/1/2011, I know there is a 90 days period that you have to get a job, otherwise your opt will be cancelled( That means i have to find a job before 10/1/2011). But so far i could not find a job! Will they cancel my OPT after 10/1? Or once my case is processing, i will be fine? what can i do? Thanks!!!

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Little_My Proficient

Little_My   464

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Filed: Lift. Cond. (pnd) Country: Finland
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I hope you filed more forms than just the I-130.. all the I-130 does is establish that you are eligible to apply for a greencard and that there is an immediately available visa number for you (I assume by "got married" you mean you married a US citizen, correct?)

You should have also filed the I-485 which is the form you use to actually apply to become a permanent resident. Did you file that?

If you have filed to adjust your statys from F1 to permanent resident, you don't need to worry about your OPT really. You enter a new period of authorized stay once your AOS paperwork is received by USCIS. However, your EAD card that was issued for OPT will become void if you do not find a job within the 90 day time frame. That means you cannot use that EAD to work, unless you find a job before 10/01.

You could have applied for a new EAD (for free) through the AOS paperwork with the I-765 form. Did you submit that along with your other paperwork?

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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7ing Rookie

7ing   0

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Filed: AOS (pnd) Country: China
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Posted (edited)

I hope you filed more forms than just the I-130.. all the I-130 does is establish that you are eligible to apply for a greencard and that there is an immediately available visa number for you (I assume by "got married" you mean you married a US citizen, correct?)

You should have also filed the I-485 which is the form you use to actually apply to become a permanent resident. Did you file that?

If you have filed to adjust your statys from F1 to permanent resident, you don't need to worry about your OPT really. You enter a new period of authorized stay once your AOS paperwork is received by USCIS. However, your EAD card that was issued for OPT will become void if you do not find a job within the 90 day time frame. That means you cannot use that EAD to work, unless you find a job before 10/01.

You could have applied for a new EAD (for free) through the AOS paperwork with the I-765 form. Did you submit that along with your other paperwork?

Thank you for your information.

Yes, I did file for I-130, I-485 AND I-765, but i am still waiting for the biometrics appointment.

Does that mean if I do not get the biometrics appointment before 10/1, and have not found a job before 10/1, my old EAD is not valid anymore?(Will they inform me separately that telling me from certain point my EAD is not valid ?) Therefore, i have to wait for the new EAD that they will issue me?

Thank you very much!!!!

Edited by 7ing
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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
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Posted

Thank you for your information.

Yes, I did file for I-130, I-485 AND I-765, but i am still waiting for the biometrics appointment.

Does that mean if I do not get the biometrics appointment before 10/1, and have not found a job before 10/1, my old EAD is not valid anymore?(Will they inform me separately that telling me from certain point my EAD is not valid ?) Therefore, i have to wait for the new EAD that they will issue me?

Thank you very much!!!!

Biometrics appointment won't affect the validity of your current EAD in any way. The EAD you have now is through your OPT, and it doesn't have anything to do with your current AOS and the I-765 you submitted together with the other forms. Your current EAD is valid under the conditions of OPT - meaning that you have 90 days to find a job (it can be an internship too, though) or the EAD will expire.

This won't affect your status. Because you have applied for AOS, you are in a new period of authorized stay that will continue until you have a decision on your AOS. What it does mean, though, is that unless you find a job before 10/01, your current EAD will expire, and you are not authorized to work until you are issued the new EAD you applied for with the I-765. It usually takes about 3 months from filing the AOS paperwork to get the EAD card.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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bigdog Veteran

bigdog   376

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Filed: Lift. Cond. (apr) Country: China
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You have a little time to wait, Ours came in about a month. I guess it was the lucky part, now waiting, waiting.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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