Loosing F-1 Status while AOS is being processed

[JordViole 1]

Hey Everyone,

I was so blessed to find a place like this where we can ask questions and have people that are on our same boat attempt to answer them! So, thank you.

Now on to my question. I am here on an F-1 Visa. Got married to USC on 07/07/2012 and we are applying for AOS to get my green card. We havnt mailed anything in yet because we want it all to be perfect. But my question is this: I graduate this December. My F-1 visa on my passport does not expire until June 2013. We plan to file for AOS before graduation but once I graduate I wont be officially on F-1 status right? So is that a problem? Most likely when I get an interview I will be already graduated and not on F-1 status but waiting for AOS. Will that give me any problems?? What is the relevance then of the visa on my passport expiring on Jun 2013 if I will officially be done as an F-1 student in December??

Another question is: I have the option to apply for OPT, so should I go ahead and do that before applying for AOS, or just do one or the other????

[Harpa Timsah 13,258]

Once the AOS is accepted for initial review (once you send the package in and they cash the check) you will begin a NEW period of authorized stay until the AOS is adjudicated. You could apply for OPT, but I think with your timing it will be unnecessary. If you apply now, you will have your GC (or at least the EAD) before you will graduate. Then, when you graduate, you can work straight away. Good luck.

[anknown 2]

I wpuld suggest apply now and save money. OPT will cost you. U can include work permot with your aos application just have all the necesary requirements. Another advantage for adjusting is you get an unrestriced EAD. OPT is tied tour your major course of study. If you dnt get a course related employment in 90 days after OPT is issued ur OPT is not valid.

to answer them! So, thank you.

Now on to my question. I am here on an F-1 Visa. Got married to USC on 07/07/2012 and we are applying for AOS to get my green card. We havnt mailed anything in yet because we want it all to be perfect. But my question is this: I graduate this December. My F-1 visa on my passport does not expire until June 2013. We plan to file for AOS before graduation but once I graduate I wont be officially on F-1 status right? So is that a problem? Most likely when I get an interview I will be already graduated and not on F-1 status but waiting for AOS. Will that give me any problems?? What is the relevance then of the visa on my passport expiring on Jun 2013 if I will officially be done as an F-1 student in December??

Another question is: I have the option to apply for OPT, so should I go ahead and do that before applying for AOS, or just do one or the other????

[JordViole 1]

Thanks to both of you!

I have an OPT seminar in school tomorrow so I will attend and probably make my decision after I know what its all about. I am now leaning towards not doing OPT.

I also had a question regarding on campus employment. Form I-765 Question 11 asks "Have you ever applied for employment authorization from USCIS?"

1. I applied to get a social security number so I would be able work on campus. (I got my SSN and have been able to work on campus ever since)

2. I applied for CPT so I could intern for one summer so I would be able to fulfill my internship requirement for my major.

Do any of these apply towards question 11???

[Harpa Timsah 13,258]

No; neither of those things result in an EAD (Employment Authorization Document).

[JordViole 1]

No; neither of those things result in an EAD (Employment Authorization Document).

Thanks!

[JordViole 1]

No; neither of those things result in an EAD (Employment Authorization Document).

Thanks!

[LindaC1990 23]

why apply for OPT?

When you submit your AOS application you can apply for an EAD for free at the same time.

I wouldn't waste my money and time to apply for OPT.