I-765 question

[xasuma 0]

Hello,

First of all a little background information: Me and my fiancee are planning on getting married sometime in the first half of next year (2013). And I (I am the foreign, she is from the US) am currently an F1 student starting my OPT on february of 2013.

My question is, when we file for AOS, my OPT goes invalid the moment we send all the forms for AOS? Do I have to send the form i-765 once again? And instead of answering question 16 like a student, I would just do it differently?

We do not have an exact date of the marriage quite yet, but assuming I am 4 months into my OPT and lets say that's when we get married and send the papers, does the work permit restart? Do I still have my 12 month limit of work permit, just like I have now as an F-1 student? Or the 12 month time limit doesn't apply anymore after we apply for AOS?

[hmh33 117]

After filing for adjustment of status, your OPT is not immediately invalidated. You can continue to work using your existing EAD, but you shouldn't leave the country. You should file I-765 and I-131 in the same package with the other adjustment of status forms and you will eventually (typically 1-3 months) receive a new combination EAD/AP card, valid for a year from its date of issue, with which you can work and travel abroad. But long before that year is up, your adjustment of status should be granted and you will receive a green card - then the EAD/AP is irrelevant.

[xasuma 0]

And from the moment I receive my 'new combination of EAD/AP' I won't be attach to the F-1 OPT rules? For example: I have to work full time (more than 20 hours, and I have to do it only within my field of study?.

Are there any 'job' rules for the EAD through the AOS process?

And if I am not planning on leaving the country I don't have to file my I-131 , is that correct?

Thanks for the help

[hmh33 117]

And from the moment I receive my 'new combination of EAD/AP' I won't be attach to the F-1 OPT rules? For example: I have to work full time (more than 20 hours, and I have to do it only within my field of study?.

Are there any 'job' rules for the EAD through the AOS process?

And if I am not planning on leaving the country I don't have to file my I-131 , is that correct?

Thanks for the help

Correct, you're not subject to the OPT rules any more once you have the new EAD. You can work any hours at any job.

If you're not planning to leave the country you don't *have* to file the I-131, but it's free to file with an I-130 + I-485 application, and the form should take less than an hour to fill out, so it's a good idea to do it in case something comes up that means you need to travel. When filed with the I-485, you can apply for advance parole without having a specific trip in mind.

[xasuma 0]

Thanks a lot hmh33, you were very helpful!