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Filed: Other Country: Italy
Timeline
Posted

I'm filling out i-130 and i-485 (and all the other forms) to get a green card for my wife whom I married three months ago.

Right before getting married she received her "Student: Post-Completion OPT" by submitting a i-765.

It's been difficult for her to find a job and we don't want her to lose her status. She still has about 45 days to find a job, and we plan to submit all paperwork within the next 10 days. We want to file another i-765 to "renew" her permit, but we've heard contradicting opinions. We'd like to get this new permit so she has more flexibility when looking for a job (not being tied to a job related to her most recent studies).

At her school they told her that she'll immediately lose her status, but other people say that if/when the update of status and the i-765 is approved, her status will be no issue.

Our question is if we should file a i-765 even when she currently has a valid work permit?

http://www.uscis.gov/sites/default/files/files/form/i-765.pdf

If so, is it a "renewal"? Should we check "Renewal of my permission to accept employment" under "I'm applying for"

Anyone has been through the same situation?

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

File the I-765 as a new EAD using category (c )(9 ) - adjustment applicant: "Permission to accept employment." It is not a renewal.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Other Country: Italy
Timeline
Posted

File the I-765 as a new EAD using category (c )(9 ) - adjustment applicant: "Permission to accept employment." It is not a renewal.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Thanks @Jay-Kay , but what effect would this have on her status?

I mean, if accepted, when is this new permit valid?

We're worried that she might not find a job before the 90-day period after graduating... if so, should she try to go back to school and gain student status?

Is it ok for her to go out of status once we have sent the documents?

 
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