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Posted

Hello! I have some questions about AOS and work authorization, specifically the I-9 form. Here's the details:

I am on an F-1 visa. I have an EAD through post-completion OPT and have been working since August 2012. I filed an I-9 with my employer when I began work with them - my status is a "temporary alien." My OPT and EAD expire July 2013.

I married a US citizen in May 2012. Soon afterward, we filed for adjustment of status (I-130 and I-485 concurrently). I also filed for a new I-765 as my current EAD is on the basis of OPT. We have our interview with USCIS in November (which is way sooner than I thought!).

So, here are my questions!

1) Assuming my new I-765 is approved and my new EAD arrives before our USCIS interview, should I update my I-9 with my employer immediately?

2) Assuming I am approved for permanent residency, do I then need to file yet another I-765 for another EAD or does the one I filed concurrently with AOS remain good? Put another way, does the EAD through AOS just cover the "adjustment" period and then I have to file for a new EAD once I am "adjusted"?

3) After being approved for permanent residency, do I then need to update my I-9 with my employer a third time?

Sorry this is a convoluted question! Thanks!

Ryan

Posted

You don't have to fill out another I-9 just yet since your OPT expires next year. Once you become a permanent resident and receive your Greencard, you can then take the restrictions off your social, take the new social and GC to your employer and fill out a new I-9. No need to do anything before...

AOS from F-1(Married to USC
06.08.12 - AOS mailed
09.18.12 - Interview.....Approved!!

ROC- Divorce Waiver
05/09/14- I-751 packet mailed to CSC
05/12/14- NOA1 Receipt date
07/01/14- Biometrics Appt

08/11/14- RFE received

09/08/14- RFE response received by USCIS

09/22/14- 10yrs GC Approved!!

Posted

Your GC supersedes and replaces the EAD. The EAD is a temporary document to help you while AOS is pending. Once you get the GC, you no longer need EAD, because the GC gives you the right to work by itself. How you choose to update your employer is up to you. I would just do it once with the GC, since your OPT is good for a while.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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