F-1Visa/Should I apply for EAD through OPT while AoS is pending?

[Pinkielicious 17]

Hello guys,

I am an international student from Vietnam, and I am currently on F-1 Visa. I'm married to a USC on November 2015. We plan to file for AoS within this month (February) or next month (March). The problem is I will be graduating in May, and I think my documents will not be processed that quick. So my question is should I file for EAD through OPT after I graduate while waiting for my AoS-based EAD, so I can buy me some time without being out of status? And when is the lastest should I file for AoS to avoid being out of status?

Thank you!!!

[Cheezees 1,514]

No. The OPT EAD will take the same time to process as the one through your AOS. Plus with the AOS it is free and with the OPT you have to pay. 

 

If you apply for the AOS in February or March, then you won't have any need to worry about being out of status. Good luck!

[Pinkielicious 17]

Hello Cheezees,

 

Thank you so much for your reply! I checked with my couselor last week, and she told me that if I apply for OPT, I will receive the EAD within 3 to 4 weeks, then I will be able to stay here legally for 3 months to look for jobs. That's why I plan to go for OPT if I do not hear anything from USCIS in late April or May. By the way, do you mind if I ask some additional question? I have heard that once I graduate, I will be able to stay in the States for 60 days. Is it true? And will I be fine if I receive the first notice from USCIS? Finally, how long does the process normally take? Some of my friends got their green card after 4-6 months, but some others took about a year or so.

 

Thanks again!

[randomstairs 303]

On 2/18/2017 at 8:17 PM, Pinkielicious said:

Hello Cheezees,

 

Thank you so much for your reply! I checked with my couselor last week, and she told me that if I apply for OPT, I will receive the EAD within 3 to 4 weeks, then I will be able to stay here legally for 3 months to look for jobs. That's why I plan to go for OPT if I do not hear anything from USCIS in late April or May. By the way, do you mind if I ask some additional question? I have heard that once I graduate, I will be able to stay in the States for 60 days. Is it true? And will I be fine if I receive the first notice from USCIS? Finally, how long does the process normally take? Some of my friends got their green card after 4-6 months, but some others took about a year or so.

 

Thanks again!

Once you file for AoS you will be in authorized stay even if your non-immigrant status (F1) expires. You will be lawfully present in the US even before you receive the EAD (based on AoS). So no worries about the legal status there. However, OPT based EAD may still be worth considering due to highly variable and unpredictable processing times for AoS-based EAD (USCIS has recently removed the 90-day "guarantee").

 

 In any case, if I were you, I'd file for AoS soon. You still have 2.5 months of work authorization and you just may get the EAD on time. I'd say worst case scenario would be 1-2 moths of unemployment, comes May. I would just do the AoS and keep fingers crossed. But OPT sounds reasonable too - if you are willing to pay for it. Your status will be fine in either case.  

[el_greco 20]

On 2/18/2017 at 10:17 PM, Pinkielicious said:

I checked with my couselor last week, and she told me that if I apply for OPT, I will receive the EAD within 3 to 4 weeks, then I will be able to stay here legally for 3 months to look for jobs.

Pinkielicious, there is no way that your OPT-EAD will be ready (and received) in 3-4 weeks! I applied for my F1-based OPT last March and it arrived 2 months after the application receipt by USCIS. Spring graduation season is very busy for OPT applications, and the longer it takes before you apply, the later your application will be adjudicated. I either recommend to file for AOS immediately, or to apply for your OPT EAD, again, immediately. 

[el_greco 20]

On 2/18/2017 at 10:17 PM, Pinkielicious said:

I checked with my couselor last week, and she told me that if I apply for OPT, I will receive the EAD within 3 to 4 weeks, then I will be able to stay here legally for 3 months to look for jobs.

Pinkielicious, there is no way that your OPT-EAD will be ready (and received) in 3-4 weeks! I applied for my F1-based OPT last March and it arrived 2 months after the application receipt by USCIS. Spring graduation season is very busy for OPT applications, and the longer it takes before you apply, the later your application will be adjudicated. I either recommend to file for AOS immediately, or to apply for your OPT EAD, again, immediately. 

[Boiler 45,525]

EAD OPT could be good Insurance.

[Pinkielicious 17]

On 2/19/2017 at 10:59 PM, randomstairs said:

Once you file for AoS you will be in authorized stay even if your non-immigrant status (F1) expires. You will be lawfully present in the US even before you receive the EAD (based on AoS). So no worries about the legal status there. However, OPT based EAD may still be worth considering due to highly variable and unpredictable processing times for AoS-based EAD (USCIS has recently removed the 90-day "guarantee").

 

 In any case, if I were you, I'd file for AoS soon. You still have 2.5 months of work authorization and you just may get the EAD on time. I'd say worst case scenario would be 1-2 moths of unemployment, comes May. I would just do the AoS and keep fingers crossed. But OPT sounds reasonable too - if you are willing to pay for it. Your status will be fine in either case.  

Thank you for the information, randomstairs! I've also heard some people said that once I received the first notice from USCIS, I'll be fine staying here even if my I-20 is expired. Is it ok to file for AOS-based and OPT-based EAD at the same time? How long does AOS-EAD last?From your signature, it shows that you filed for AOS since last March, but you have not gone for interview yet until now. Is the wait that long?

[Pinkielicious 17]

On 2/20/2017 at 8:14 AM, el_greco said:

Pinkielicious, there is no way that your OPT-EAD will be ready (and received) in 3-4 weeks! I applied for my F1-based OPT last March and it arrived 2 months after the application receipt by USCIS. Spring graduation season is very busy for OPT applications, and the longer it takes before you apply, the later your application will be adjudicated. I either recommend to file for AOS immediately, or to apply for your OPT EAD, again, immediately. 

That's what she told me, so I wasn't sure. But since you have already had the experience, I should do as your advised. By the way, how long does your OPT-EAD last? Is it true that once I receive the EAD, I have 3 months to look for job? 

Thank you!

[Pinkielicious 17]

On 2/20/2017 at 8:54 AM, Boiler said:

EAD OPT could be good Insurance.

Thank you! I think I'll go for it just in case.

[Cheezees 1,514]

I applied for my first OPT EAD mid-October and received it some time before Xmas.

 

I applied for my second OPT EAD "early" - some time in early March - and received it mid-May. 

 

 

 

My friends who procrastinated applied in April and May and started receiving their cards in August or even September. Many thought it would give them more time to look for jobs, which it did.  However, they had to pass up job offers in the interim.  They were forced to check no to the "are you authorized to work in the US?" box.

[Valor 131]

16 hours ago, Cheezees said:

I applied for my first OPT EAD mid-October and received it some time before Xmas.

 

I applied for my second OPT EAD "early" - some time in early March - and received it mid-May. 

 

 

 

My friends who procrastinated applied in April and May and started receiving their cards in August or even September. Many thought it would give them more time to look for jobs, which it did.  However, they had to pass up job offers in the interim.  They were forced to check no to the "are you authorized to work in the US?" box.

I second that!

I applied OPT twice(OPT and OPT extension), both of them took nearly 3 months. Also OP, the EAD you get through AOS is not only renewable as long as your AOS is pending, I believe now they also give people 180 days to continue working after the EAD expired so that you can have sufficient time to renew it. Plus, the OPT EAD becomes invalid if you stay unemployment for more than 90 days.  Moreover, the EAD you get through AOS is free. I don't see any reason to go for OPT over AOS EAD. 

[Cynthia68 24]

Hi，I am facing the same problem. We just mailed out our forma on 3/30，I am not sure if I should apply for OPT，also my school told me to remain my F-1 status while I am waiting. 

[Pinkielicious 17]

4 hours ago, Cynthia68 said:

Hi，I am facing the same problem. We just mailed out our forma on 3/30，I am not sure if I should apply for OPT，also my school told me to remain my F-1 status while I am waiting. 

Hi Cynthia,

I have heard a lot of people said that as long as you are married to a USC, and you send out the AoS application, you will be fine. Some of them even said that once you received the first notice from the USCIS, you can stay here even though your status is expired. You can carry the notice with you just in case someone wanna check on you. When did you send out your package? 3/3? Have you heard anything from the USCIS? I sent my on 3/15, delivered on 3/16. I am still waiting to hear from them.

[Cynthia68 24]

4 minutes ago, Pinkielicious said:

Hi Cynthia,

I have heard a lot of people said that as long as you are married to a USC, and you send out the AoS application, you will be fine. Some of them even said that once you received the first notice from the USCIS, you can stay here even though your status is expired. You can carry the notice with you just in case someone wanna check on you. When did you send out your package? 3/3? Have you heard anything from the USCIS? I sent my on 3/15, delivered on 3/16. I am still waiting to hear from them.

Hi，I am sorry，I mailed on 3/20. I am confused because a lot of people say so，but I am still hesitant about applying for OPTOPT