EAD from student visa & EAD in GC

[khushi 0]

hi ,

I am currently on OPT, which means i have an EAD card under studnet visa, which expires in dec, 2007. Now, i m married to USC n applying for GC.

I can EAD under GC process....wht is the difference and. Does the EAD under the student allow me to work without spnosership, if i am applying for GC process anyway.

Thanks

khushi.

[athena_ny 1]

(anyone feel free to correct me if I'm wrong)

with an EAD through AOS, you can work anywhere that will (legally) hire you. (I say this because there are some place that, for security reasons, only hire PRs and USCs). No need for sponsorship.

I would check to see if you file for AOS, the EAD under the student visa is still valid. Something tells me it's not, but I'm not sure.

hi ,

I am currently on OPT, which means i have an EAD card under studnet visa, which expires in dec, 2007. Now, i m married to USC n applying for GC.

I can EAD under GC process....wht is the difference and. Does the EAD under the student allow me to work without spnosership, if i am applying for GC process anyway.

Thanks

khushi.

[SC & TF 1]

(anyone feel free to correct me if I'm wrong)

with an EAD through AOS, you can work anywhere that will (legally) hire you. (I say this because there are some place that, for security reasons, only hire PRs and USCs). No need for sponsorship.

I would check to see if you file for AOS, the EAD under the student visa is still valid. Something tells me it's not, but I'm not sure.

hi ,

I am currently on OPT, which means i have an EAD card under studnet visa, which expires in dec, 2007. Now, i m married to USC n applying for GC.

I can EAD under GC process....wht is the difference and. Does the EAD under the student allow me to work without spnosership, if i am applying for GC process anyway.

Thanks

khushi.

I am also in your situation, adjusting from F1 to AOS (married to USC). We got married while I was on OPT. I got a job right after graduation, so I used my OPT EAD to work. I applied for AOS about 4 months before my OPT expired, and got a new EAD a few weeks before it expired. My point is, the OPT allows you to work for a year after graduation. You can keep working until it expires, or until you file for AOS. The only difference is, the OPT EAD card has restrictions (Student, OPT), while the EAD you get from AOS has no restrictions. If I were you, I would file for both AOS and EAD, just in case you get stuck in the name check situation like some of us, or for some reason, your application is delayed. You should be able to keep working with your OPT, until you get a new EAD. I'm not sure what you mean by sponsorship? Good luck.

Edited March 2, 2007 by SC & TF

[Dr_LHA 3]

I believe that OPT is invalidated by filing for AOS, just like an F-1 visa is.

However if you have a job now on OPT and file for AOS, how is your employer supposed to know you should be fired unless you tell them?

Given that illegal work is forgiven when AOS is approved, you shouldn't have any issues. Unless you fancy telling your employer that they may be breaking the law by employing you.

[SC & TF 1]

I believe that OPT is invalidated by filing for AOS, just like an F-1 visa is.

However if you have a job now on OPT and file for AOS, how is your employer supposed to know you should be fired unless you tell them?

Given that illegal work is forgiven when AOS is approved, you shouldn't have any issues. Unless you fancy telling your employer that they may be breaking the law by employing you.

Can you please let me know where you got that info? I want to know 'cos I still worked with my OPT EAD while filing for AOS, and to my knowledge, I didn't do anything illegal. I haven't read anywhere on the USCIS website that it is illegal. I believe that the OPT has little to do with the F1 visa because, the visa expires right after graduation (at least mine did). I filed for renewal of my EAD, and I had no issues with that. Anyone else who adjusted from F1 to AOS out there? Thanks.

Edited March 3, 2007 by SC & TF

[Nancy2015 2]

I believe that OPT is invalidated by filing for AOS, just like an F-1 visa is.

Technically, you're right, but it is never enforced. Employers will let you work on your OPT EAD even if you have filed AOS, which legally makes your OPT EAD invalid. USCIS won't care either.

[ardilla 0]

My husband was on OPT when we married. After consulting with an immigration attorney we learned that his OPT was valid until it expired (even if he had applied for AOS & EAD).

OPT on F1 does not get invalidated just because your student status is no longer valid. I know this is confusing but the important thiing is to not leave the US without advanced parole, even if you have OPT (especially if you do).

You can work on OPT until it expires. About 4-5 months before it expires you should apply for EAD or when you do AOS. That way you can keep working without interruption. If your EAD (OPT) expires and no renewal is ready for you, you will be forced to stop working until the new EAD arrives.

[Dr_LHA 3]

Technically, you're right, but it is never enforced. Employers will let you work on your OPT EAD even if you have filed AOS, which legally makes your OPT EAD invalid. USCIS won't care either.

Yes, basically this was the point I was (poorly) trying to make in my original post.

[khushi 0]

hello every1,

thanks a bunch for your replies. I am looking for a job now and i really appreciate the input, i m relieved now a bit.

thanks

khushi