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

[Pinkielicious 17]

1 minute ago, Cynthia68 said:

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

Me too. I actually planned to apply for OPT this month, but I haven't since I some people suggested me to wait for the EAD through AOS. I am still confused whether I should go for OPT or not. Are you going to be graduated soon? 

[Cynthia68 24]

3 minutes ago, Pinkielicious said:

Me too. I actually planned to apply for OPT this month, but I haven't since I some people suggested me to wait for the EAD through AOS. I am still confused whether I should go for OPT or not. Are you going to be graduated soon? 

Yes，I will graduate in may，I think we are now in the same situation，I am in NY state now，I don't know how long I will wait until my EAD came here.

[Pinkielicious 17]

People said USCIS had already removed the 90-day guarantee for EAD, so I am not sure how long it is going to take. I also wanna go for OPT, too, but we need to pay for the EAD, and I do not know if it's ok for us to apply for OPT and AOS EAD at the same time or not. Some people say we are allowed to stay in US for 60 days after our I-20 is expired. And with the AOS thing, I think we should be ok. Or I'll wait until next week, if I still havent heard anything yet, I will go for OPT just in case. 

[el_greco 20]

If you don't do anything at all, your F-1 status expires the day of graduation (that's what the D/S means on your passport stamps, Duration of Status) and you have 60 days to leave the country after graduation.

 

If you apply for EAD through OPT, you will get a new I-20 which says that there is a pending OPT application. This means that you no longer have to leave the country after graduation, but you will only be allowed to work once you have received the EAD card.

 

If you apply for EAD through AOS, you won't have to leave the country either (as a matter of fact, you SHOULDN'T leave the country until the AOS case has been adjudicated or you have gotten Advanced Parole AND a serious case to leave the country anyway) - the moment you get your NOA from USCIS you have declared intent to immigrate, so effectively your F-1 tied status is void.

[Cynthia68 24]

1 hour ago, Pinkielicious said:

Me too. I actually planned to apply for OPT this month, but I haven't since I some people suggested me to wait for the EAD through AOS. I am still confused whether I should go for OPT or not. Are you going to be graduated soon? 

I asked the international student office at my school, they suggest me applying for OPT, but it will take 3 months to get the EAD of OPT. What if my EAD of AOS came earlier? I feel like these two EAD cards might duplicate.

[Cynthia68 24]

43 minutes ago, el_greco said:

If you don't do anything at all, your F-1 status expires the day of graduation (that's what the D/S means on your passport stamps, Duration of Status) and you have 60 days to leave the country after graduation.

 

If you apply for EAD through OPT, you will get a new I-20 which says that there is a pending OPT application. This means that you no longer have to leave the country after graduation, but you will only be allowed to work once you have received the EAD card.

 

If you apply for EAD through AOS, you won't have to leave the country either (as a matter of fact, you SHOULDN'T leave the country until the AOS case has been adjudicated or you have gotten Advanced Parole AND a serious case to leave the country anyway) - the moment you get your NOA from USCIS you have declared intent to immigrate, so effectively your F-1 tied status is void.

Thank you very much for your information. I already mailed out my forms for AOS on 3/20, but my school still suggests me applying for OPT. They also let me remain my F-1 Status with my AOS, I don't really know how would that work.

[el_greco 20]

4 minutes ago, Cynthia68 said:

Thank you very much for your information. I already mailed out my forms for AOS on 3/20, but my school still suggests me applying for OPT. They also let me remain my F-1 Status with my AOS, I don't really know how would that work.

I am not sure how USCIS would react if they received a second application from the same individual for EAD under a different category (AOS vs OPT). Even if we assume that USCIS would process both, none of them will take priority over the other - since you have already mailed your AOS package, effectively you will soon have an active application for EAD. OPT would really change nothing in your case.

 

If there was no AOS, OPT would also technically "extend" your F-1 visa status, so even if your actual visa sticker is expired, this D/S gets extended until the expiration date on the OPT EAD card. Don't forget that the visa in this case is pretty much just a document that allows you to lawfully re-enter the country, and that lawful stay is guaranteed by the fact that there is either AOS pending, or an extended F-1 status via OPT.

 

Your school is wise to keep you on F-1 even though you just applied for AOS. But once you graduate (if you haven't already) AND you have the hard copy of NOA proving the reception of your AOS application, you can contact your school's international office and they will cancel your F-1 status, since there will be no reason for you to retain it any longer.

[Cynthia68 24]

16 minutes ago, el_greco said:

I am not sure how USCIS would react if they received a second application from the same individual for EAD under a different category (AOS vs OPT). Even if we assume that USCIS would process both, none of them will take priority over the other - since you have already mailed your AOS package, effectively you will soon have an active application for EAD. OPT would really change nothing in your case.

 

If there was no AOS, OPT would also technically "extend" your F-1 visa status, so even if your actual visa sticker is expired, this D/S gets extended until the expiration date on the OPT EAD card. Don't forget that the visa in this case is pretty much just a document that allows you to lawfully re-enter the country, and that lawful stay is guaranteed by the fact that there is either AOS pending, or an extended F-1 status via OPT.

 

Your school is wise to keep you on F-1 even though you just applied for AOS. But once you graduate (if you haven't already) AND you have the hard copy of NOA proving the reception of your AOS application, you can contact your school's international office and they will cancel your F-1 status, since there will be no reason for you to retain it any longer.

Thank you very much for your reply! So what do you think? Do you think I should still apply for OPT?

[el_greco 20]

Just now, Cynthia68 said:

Thank you very much for your reply! So what do you think? Do you think I should still apply for OPT?

Assuming you have already applied for EAD as part of your AOS package, probably not. If you are going to be graduating in May, you will already be in an AOS-pending status, which guarantees your lawful status in the country. Depending on your filing date though (3/20 shipping) I am afraid you won't be receiving your work authorization card (EAD) before some time in July, so you have to keep this in mind -- you won't be allowed to work before you have received the EAD.

[Cynthia68 24]

Just now, el_greco said:

Assuming you have already applied for EAD as part of your AOS package, probably not. If you are going to be graduating in May, you will already be in an AOS-pending status, which guarantees your lawful status in the country. Depending on your filing date though (3/20 shipping) I am afraid you won't be receiving your work authorization card (EAD) before some time in July, so you have to keep this in mind -- you won't be allowed to work before you have received the EAD.

Yup, that is why school wants me to apply for it. Probably doesn't want me to miss any job opportunities before then.

[Cynthia68 24]

Guys I also have another question, can I change the local office for my biometrics appointment and interview? Just realized another city closer to me also has office. Thank you!

[Pinkielicious 17]

26 minutes ago, el_greco said:

Assuming you have already applied for EAD as part of your AOS package, probably not. If you are going to be graduating in May, you will already be in an AOS-pending status, which guarantees your lawful status in the country. Depending on your filing date though (3/20 shipping) I am afraid you won't be receiving your work authorization card (EAD) before some time in July, so you have to keep this in mind -- you won't be allowed to work before you have received the EAD.

Thank you so much for the information! I was confused at first, but after reading your post, everything is clear now. However, I have another question. I will be graduating from community college in may, but I do not plan to transfer due to financial issue. Will it be fine? Will they question why don't I transfer?

[Pinkielicious 17]

31 minutes ago, Cynthia68 said:

Thank you very much for your reply! So what do you think? Do you think I should still apply for OPT?

Hi Cynthia, 

So everything is clear now. All we can do is patiently wait for the notice from USCIS. I hope everything is going well for all of us. 

Regarding the change of office, I don't think they'll let you do that. But you can call USCIS office to confirm.

[el_greco 20]

24 minutes ago, Cynthia68 said:

Yup, that is why school wants me to apply for it. Probably doesn't want me to miss any job opportunities before then.

Regardless of the way you obtain you're EAD (OPT vs AOS) you are not allowed to actually start working until you have the EAD card in your hands. You have already applied for the AOS-based EAD, so even in the unlikely case that you can have a second application for EAD (through OPT), the AOS one will arrive sooner. You can still interview for jobs with the disclaimer that if you are offered a position, you can only start once your work authorization officially begins (your EAD card start date) - so your school advising you to also apply for OPT is meaningless - there are no job opportunities you will have with OPT that you won't have with AOS. As a matter of fact, the AOS EAD card is more "general" in the sense that it doesn't really restrict you in employment only in the field of your degree, as OPT does (it does stand for, after all, Optional Practical Training).

 

please talk to your school's immigration advisor within the international office and clearly explain to them that you have already filed an I-765 form with USCIS.

[el_greco 20]

6 minutes ago, Pinkielicious said:

Thank you so much for the information! I was confused at first, but after reading your post, everything is clear now. However, I have another question. I will be graduating from community college in may, but I do not plan to transfer due to financial issue. Will it be fine? Will they question why don't I transfer?

USCIS doesn't care about your education plans since you're applying for AOS due to marriage with a USC. I didn't even know that graduating from community college offers OPT based work authorization to be honest. In general keep in mind that your AOS-based work authorization, and, eventually, the actual green card, are way stronger and broader than the F-1 OPT authorization.