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hanster

F1 visa preparing AOS, confused about OPT

By hanster in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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hanster Enthusiast

hanster   0

Posted
Filed: Country: Lebanon
 Timeline
Posted

I am here in the states on an F1 student visa and I got married in July to my fiance who is an American citizen. I am currently still a student and will be graduating in May. I know that usually people on F1 visa can file for EAD based on OPT a month before graduating and would be allowed to work for one full year, so in my case, I would have to file mine in early April.

We started looking into filing for AOS and hoping to have it filed in January after gathering all required papers, but after looking at the processing time for my local office (Pittsburgh, PA) for AOS, it says that they are processing applications received in May, so that's about 8 months of processing. My concern is that if I file my AOS application in January and it takes 8 months to process, then it will go till August or so, and basically what should I do about filing the EAD based on OPT in April, should I still file that? and if I do not file for the OPT and still did not have my interview before i graduated, would I be out of status when i graduate?

Both my wife and I are graduate students and she is in a tough program so she does not have time to work, and we are basically both living off of my teaching assistant job (10K/year) and we really cannot afford for me to go out of status or to hire an attorney.

We appreciate any advice.

01/03/2007: Received NOA dated December 29th

01/09/2007: Touched (I-485, I-130, I-765)

01/17/2007: Biometrics appointment

01/16/2007: Touched (I-485, I-130, I-765)

01/16/2007: 8 emails for RFE

01/17/2007: Touched (I-485, I-765)

01/18/2007: Touched (I-485, I-130, I-765)

01/20/2007: Touched (I-485, I-765)

01/25/2007: Touched (I-485)

01/25/2007: Email for Receipt of RFE

01/28/2007: Touched (I-485)

03/11/2007: Touched (I-765)

03/12/2007: EAD Production Email

03/13/2007: Touched (I-765)

03/15/2007: EAD Approval notice sent Email

03/16/2007: EAD Received

03/17/2007: Touched (I-765)

04/03/2007: AOS Interview Letter Received

04/27/2007: Touched (I-485, I-130)

05/10/2007: AOS Interview - APPROVED

05/10/2007: Touched (I-130, I-485) - Registered Permanent Resident

05/15/2007: Touched (I-485) - Card Production Ordered

05/16/2007: Touched (I-485)

05/21/2007: Touched (I-485)

05/21/2007: Green Card Received

05/21/2007: Touched (I-485)

05/21/2007: Touched (I-485)

05/21/2007: Touched (I-485)

kazanit Rookie

kazanit   0

Posted
Filed: Lift. Cond. (pnd) Country: Russia
 Timeline
Posted

Your AOS approval is different from your Work permit approval. You generally get your work permit approved much earlier than your AOS. So I would encourage you to apply for work permit through AOS, not through OPT. Otherwise you will have two pending separate applications at INS.

Once you apply for work permit through AOS, in 90 days, if no permit received, you can contact your local office and get a paper copy of the work permit.

FYI - I went through both OPT and AOS, but i had sufficient lag time between them two.

____________________________________________________

2000 – 2005 – F-1 Student

09/08/2005 – Civil Ceremony

09/20/2005 – I-485, I-130, I-765 sent by DHL to Chicago

09/22/2005 – Package received in Chicago

09/27/2005 – NOA date for all paperwork

09/28/2005 – Checks cashed

09/29/2005 – I-485 and I-130 NOAs received in mail. I-765 paper NOA missing

Case touched daily for 3 days straight, even on Saturday

10/08/2005 – Real Ceremony with friends and family

10/11/2005 – Letter for Biometrics appointment on Oct 18th

10/18/2005 – Biometrics completed for I-485 – case touched everyday since until 10/22/05

11/30/2005 – Email from USCIS saying that “latest communication regarding I-765 was returned as undeliverable.” Re-requested through the CS line.

12/05/2005 – Interview letter, scheduling an interview in SF for 02/02/2006 – only 4 months and 10 days after the “received date.”

12/23/2005 - Infopass appointment - to check on non-scheduled biometrics and EAD. Did biometrics on spot, immediately approved for EAD

02/02/2006 - Interview success.

02/03/2006 - Email from USCIS that I-130 has been approved

02/13/2006 - Letter and Email from USCIS that I-485 has been approved

02/14/2006 - Green Card in the mail. 5 month painless process is over. Debating whether it was luck or OCD that saw me through this so effortlessly.

01/28/2008 - I-751 sent in for removing conditions

02/01/2008 - receipt issued

03/06/2008 - biometrics completed

10/15/2008 - interview with USCIS

11/07/2008 - perm green card in the mail

 
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