AOS/AP while on F1 OPT

[ryan_thomas 0]

Hello there! I have some questions regarding AOS and Advance Parole. Here are the pertinent details:

I am a British citizen currently on F1 OPT. I completed my program in May 2012. I have a valid EAD (it began July 2012) and have accepted employment at a university, beginning August 18. I married an American citizen in May 2012 and we will soon be filing to for adjustment of status (I-130, I-485, plus additional forms/evidence). My intention is to continue employment with the organization above, as a permanent resident.

My questions are as follows:

1) Does my filing for AOS invalidate or in any way cause problems for my current employment? Am I still in F1 OPT status until my AOS is approved? I have an EAD that is valid through July 2013.

2) I am filing for a new EAD because my current EAD is based on F1 OPT rather than permanent resident status. Am I doing the right thing?

3) My visa expired in 2011. Is it correct that if I am approved for advance parole, I do not need the visa to enter the country? (In other words, the advance parole document takes the place of the visa to show I am legal to enter the country). My wife and I wish to travel to Britain in December and I don't want to have problems returning to the USA.

Thank you for your help!

Ryan

[Little_My 464]

Technically, once you file for AOS and USCIS receives your application, your F1 status seizes to be valid - and therefore, technically the EAD issued under OPT also seizes to be valid. I've tried to research this very matter for a friend, but I haven't been able to find anything 100% conclusive. It seems that most people continue to work with their OPT-EADs until they receive a new one through the AOS, and it's totally fine. Whether or not it would be considered "unauthorized" by the book or not I haven't really been able to tell, but basically you should be just fine working on your current EAD until you receive the new one through the AOS application.

Yes, you'll be filing for a new EAD. As mentioned above, your visa, even if it still was valid, would not work for re-entry once AOS is filed. If you left the country without AP, your AOS would be considered abandoned. You'll no longer be under the F-1 status once AOS is filed. The AP will allow you to travel and re-enter the country while AOS is pending, and you won't need nor have a visa during that time period. If you file the paperwork soon, chances are you'll have your actual greencard by December - but if not, then you'll be able to use the AP for international travel.

[ryan_thomas 0]

Thank you!

It seems so odd to me that filing for AOS invalidates F1 status, as it is not as though a new status is conferred through filing alone. I would have thought it logical that one retains whatever's status they were in until their new status is approved. It does strike me as being in a bit of a grey area.

My alternative is to pursue an H1B through my employer, which would also enable me to travel home in December. Decisions, decisions!

[aayitrun 66]

Thank you!

It seems so odd to me that filing for AOS invalidates F1 status, as it is not as though a new status is conferred through filing alone. I would have thought it logical that one retains whatever's status they were in until their new status is approved. It does strike me as being in a bit of a grey area.

My alternative is to pursue an H1B through my employer, which would also enable me to travel home in December. Decisions, decisions!

the reason it invalidates f1 is because now u are pending aos. and f1 is not a dual intent visa. which means anyone on f1 cannot have the intention to immigrate. once u have that, u are off your f1. and spousal aos grants u temporary shelter while it is in process.

now if u want to do things 100% by the book - apply for h1, get that approved, then file spousal aos. h1 is dual intent and doesnt get invalidated. although its just way faster to apply for gc, and get it over with.

[Harpa Timsah 13,258]

In some ways, the visa is no longer valid, mainly in that you cannot travel on it. However, your status as a student, and the permissions you have received from within the US, remain. You can continue school and continue work on your OPT while AOS is pending. Those permissions are not voided by filing AOS.

[aayitrun 66]

In some ways, the visa is no longer valid, mainly in that you cannot travel on it. However, your status as a student, and the permissions you have received from within the US, remain. You can continue school and continue work on your OPT while AOS is pending. Those permissions are not voided by filing AOS.

this is correct.

u can continue to work on ur opt ead.

NOTE: do not leave the country till u get ur AP otherwise u will not be able to re-enter on f1.

Edited July 24, 2012 by aayitrun