Does AOS after marriage cancel EAD from F-1 OPT program

[Leo7777 243]

Person is working in USA on EAD from F-1 OPT program. Marries US citizen and files for AOS, new EAD, AP, Green card, etc.

Asked less than a minute ago - Grafton, WV

Person has current and continuing job working under the EAD from F-1 OPT program.

As I understand it, as soon as AOS is filed; this terminates F-1 status.

No problem in staying in USA during AOS process before Green Card received.

HOWEVER . . . what about work authorization in USA during AOS period.

Does AOS also cancel EAD from OPT program?

Person is a teacher and cannot simply quit job in middle of school year if OPT EAD expires and wait 90 days before new EAD received on the way to a Green Card. To quit a teaching job in the middle of a school year would doom the person's chance of ever getting a teaching job in the local community again.

[Pickle 65]

Short answer: AOS does not cancel your EAD from OPT. Your F-1 status are not terminated either. Person can continue working until current EAD expires.

[Leo7777 243]

Short answer: AOS does not cancel your EAD from OPT. Your F-1 status are not terminated either. Person can continue working until current EAD expires.

Here are two short answers that show the alternative view.

How can we know which 'answer is wrong?'

Has anyone gotten written clarification from Feds on this ?

= = = = =

here are alternative answers I have seen elsewhere.

. . . . but once you apply for AOS, or any other immigration status, your current visa/immigration status is revoked. That means your previous F-1 visa is now invalid, your OPT EAD card is also invalid, because you are adjusting out of that status. Therefore, once you apply for AOS, you must stop working under your original EAD card from your OPT authorization and begin working on the AOS EAD card.

= = = = = =

Keep in mind though, once you file, you are no longer in F-1 visa status and therefore your OPT is invalid. You have to wait until you get the EAD card with your AOS application to work.

[Pickle 65]

Can I ask where you got that information from? Not saying you are right or wrong, just curious. Who "revokes" the status?

This is the only way I can explain it: when you are an F-1 student you have something called a SEVIS record. This SEVIS record remains active while you are on OPT, and it remains active until USCIS approves your AOS. They will then deactivate your SEVIS record. As long as that record is active, you are an F-1 student. This non-immigrant status does not have any bearing on your application for immigrant status until your immigrant status is approved.

I have seen similar information from what you are saying, but that usually came from K-1 visa holders since their K-1 visas are no longer valid once they apply for AOS. It is not the same with F-1. As I say above, F-1 is tied to something called a SEVIS record, K-1 is not. Two different types of visas. Don't apply the information for the one visa to the other one.

Hope this makes sense.

[Leo7777 243]

Can I ask where you got that information from? Not saying you are right or wrong, just curious. Who "revokes" the status?

Pickle, thanks for your continuing interest.

Here is one website that contains the opposite viewpoint from yours.

http://www.immigratetoamerica.org/f-1-student-j-1-exchange-adjustment-of-status-common-questions-and-answers/

[Pickle 65]

That is interesting. Thank you for posting the link. Did you see the disclaimer at the top of the post? Like any information you are getting out there about this issue, you don't always know what is reliable and what is not. The way I explained it about the SEVIS record tied to your F-1 is information I got from my school's DSO who has a lot of experience in this. It also makes sense to me. It would have been nice if USCIS had something about it on their website. Something else that makes sense to me: if it was that big of a thing, wouldn't they have it on their website?

[Leo7777 243]

Attorney Murthy : There is no dual intent recognized for F-1, so upon filing the I-485, the person cannot enjoy any incidental benefits of the F-1 status since they are lost immediately, unlike with the H1B or H-4 or the L-1 or L-2 status holders.

Murthy Law Firm.

http://forum.murthy.com/index.php?/topic/32692-ead-opt-to-485/

[Pickle 65]

Also a lot of conflicting information on that site, because there is also this: the law does not state that a person's F-1 EAD is deemed denied or no longer valid merely by virtue of having filed the I-485. The law is not clear on this point, and so the person should be able to keep working incidental to the F-1 status, until the EAD card has been issued, and then work based on the EAD. ~ apparently also from "Attorney Murthy."

So which is right? Who knows.

[Leo7777 243]

I posted my question on a Legal Help Website:

Three different Immigration Attorneys answered as follows:

1) Filing for adjustment does not terminate your student status. Your employment authorization will remain valid if you otherwise do not violate your student status.

2) You remain on F-1 visa until the time a decision is made on your adjustment to permanent resident. If denied you remain on F-1, if approved you become a green card holder.

3) You can continue working on your current EAD until the end of it or your status is adjusted whichever comes first. You can also ask for a new one in the process of AOS.

So if this were a three or four game series, it would seem we have a winner.

However, since current World Series is best 4 of 7; perhaps we need to wait for one more game.

[Leo7777 243]

4. You remain in your current status until it expires or until you receive adjustment of status, whichever is earlier. If your current status expires before your I-485 is adjudicated, it will not disqualify you from adjusting status and you will not be considered accumulating unlawful presence - unless your I-485 gets denied, in which case you will be considered an overstay from the date of expiration of your F1-OPT. You can continue working with your OPT employment authorization card until it expires (or until you receive a green card and no longer need an EAD to work). You should also file I-765 application for employment authorization with I-485: this way, you don't have to pay the I-765 filing fee, and, in about 3 months from filing, you will receive a new EAD bearing the "adjustment of status applicant" codes. It will be valid for a year, can be extended if your I-485 will remain pending 9 months from now; and you can use it either right away - or after your OPT EAD expires. A bit of advice: if USCIS does not call you in for an adjustment interview by the time when you will have only a couple of months left of your OPT, or if you have some other reasons to doubt that your adjustment of status will be granted before your current status expires, talk to an immigration attorney about a possibility to extend your F1/OPT status or to change it to something else - to keep you in status regardless of the outcome of the adjustment process.