Can I continue work on F1 OPT while AOS is in process

[MrsNotBonJovi 18]

Hi all,

As I was reading through this forum, something occurred to me. Here is my situation:

1) I am currently on a F1 OPT and my OPT EAD is valid till July this year.

2)However, as my AOS is now in process, I understand I am in a period of authorized stay,pending adjudication. My AOS interview is scheduled for June 11.

3) I have not yet received any email notification about EAD for the AOS application.

4) I had intimated to my employer my intent to resign from the position as soon as I received my first NOA in the first week of April and my employment is considered effectively ended as of April 30 this year since my employer needed a notice of one month.

My question is, did I do the right thing by resigning? Or could I have continued on the job even as the AOS is in process?

I am worried that I may have kicked a good job due to some confusion I may have had regarding my period of authorized stay. Any thoughts/suggestions on this?

[Anh map 2,098]

Yes, you could have continued.

[Little_My 464]

Technically, once AOS is filed, the F1 becomes invalid and therefore the EAD via OPT also becomes invalid.

However - I have never seen anyone get into any kind of trouble by continuing to work on the OPT EAD card while AOS is pending. I think you would have been fine continuing in your job.

[Soft 46]

U should hve continued with your job,but still I wish u dbest of luck

[seth2013 39]

It is my understanding that as long as you do not violate the terms of your F-1 visa, it continues to be valid throughout the AOS process. So, if your AOS is denied, the F-1 would still be valid. Therefore, anything that you are doing legally on the visa can be continued throughout the AOS. I am sure this is correct information, I asked this directly from my USCIS field office.

[jdh 103]

It is my understanding that as long as you do not violate the terms of your F-1 visa, it continues to be valid throughout the AOS process. So, if your AOS is denied, the F-1 would still be valid. Therefore, anything that you are doing legally on the visa can be continued throughout the AOS. I am sure this is correct information, I asked this directly from my USCIS field office.

I had found this in the field adjudicators manual and posted it on another thread earlier...I assume it would be the same for the F1 - the principle is the same:

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1.

[MrsNotBonJovi 18]

I had found this in the field adjudicators manual and posted it on another thread earlier...I assume it would be the same for the F1 - the principle is the same:

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1.

Thanks all, this is a tremendous help. I just wish I had asked here before quitting, but maybe it is not too late now. Let me talk to my employer again.

[ceadsearc 516]

H1-B and L-1 (not sure about h1-C) are dual intent visas though. Not saying it isn't true of F-1 as well - it may be - but certain things (like not needing AP) are different with dual intent visas so I wouldn't be certain of it.

But as was said above, I doubt trouble will come from working OB OPT.

[Puckoon 0]

Hi MNBJ,

It sounds like our situations are similar. My OPT expires June 11. I was reminded by our HR group that my EAD is expiring and was concerned that it might expire prior to my AOS being granted. I filed the I765 however, you do not state if you did?

My AOS interview is today actually, but my EAD was approved on May 3rd. The good people on here have explained to me that the EAD gives me temporary work permit until AOS is achieved.

I hope too can find a resolution which works best for you

Good luck,

Puck.

[Camo 5]

Thanks all, this is a tremendous help. I just wish I had asked here before quitting, but maybe it is not too late now. Let me talk to my employer again.

Try to discuss with your employer. You will be favored. Btw, I was partially in your shoes.

[Little_My 464]

I had found this in the field adjudicators manual and posted it on another thread earlier...I assume it would be the same for the F1 - the principle is the same:

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classif ication as an H-1B, H-1C, or L-1.

This is actually an interesting question.. H- and L-visas are dual intent, which makes them a bit of a special case in terms of AOS. Student visas, such as F-1 and J-1, are not - therefore, if an F1 holder files for AOS, and while AOS is pending for whatever reason wants to extend his/her F1 status, or AOS is denied and he/she wants to revert back to the student status, the issue of immigrant intent is obviously there and would make him/her ineligible for an extension of a non-immigrant visa.

My understanding has always been that once a student visa (or any other non-immigrant visa) holder files the AOS papers, the former non-immigrant visa is no longer valid, and that returning to that status in the case of AOS being denied, for example, would not be possible - largely due to the intent issue. I don't know what the relevant laws and regulations say about this, or whether it is a bit of a grey area, so it would be great to hear other people's interpretations about this particular issue as it comes up here often.

[MrsNotBonJovi 18]

Hi MNBJ,

It sounds like our situations are similar. My OPT expires June 11. I was reminded by our HR group that my EAD is expiring and was concerned that it might expire prior to my AOS being granted. I filed the I765 however, you do not state if you did?

My AOS interview is today actually, but my EAD was approved on May 3rd. The good people on here have explained to me that the EAD gives me temporary work permit until AOS is achieved.

I hope too can find a resolution which works best for you

Good luck,

Puck.

Hi Puckoon, all the very best for your interview and hope everything goes well. Yes, I did file the I-765 too but have not heard anything about it. Hopefully, I will hear something this week. Keeping fingers crossed. Keep us updated.

Edited May 9, 2012 by MrsNotBonJovi

[MrsNotBonJovi 18]

This is actually an interesting question.. H- and L-visas are dual intent, which makes them a bit of a special case in terms of AOS. Student visas, such as F-1 and J-1, are not - therefore, if an F1 holder files for AOS, and while AOS is pending for whatever reason wants to extend his/her F1 status, or AOS is denied and he/she wants to revert back to the student status, the issue of immigrant intent is obviously there and would make him/her ineligible for an extension of a non-immigrant visa.

My understanding has always been that once a student visa (or any other non-immigrant visa) holder files the AOS papers, the former non-immigrant visa is no longer valid, and that returning to that status in the case of AOS being denied, for example, would not be possible - largely due to the intent issue. I don't know what the relevant laws and regulations say about this, or whether it is a bit of a grey area, so it would be great to hear other people's interpretations about this particular issue as it comes up here often.

Yes, am interested in hearing the feedback too. May throw more light on the gray areas.

Edited May 9, 2012 by MrsNotBonJovi