is mine a special case? Holding F-1 and got married in US

[blackmountain 0]

Hi. I hope somebody can help me. I got married in February, 2007 and my OPT (optional practical training) expired in February, too. I'm in grace period now, till 16th of April. I would like to send the forms ASAP but I'm a little confused. Since I applied for EAD before, I already have Employment Authorization Card and A#. So, when filing I-765 which one shoud I choose?

-Permission to accept employment, or

-Renewal of my permission to accept employment (attach a copy of your previous Employment

Authorization Document).

Finally, what whould be proper answer under Eligibility Categories? Is my case a special one since I got married in US? Is there anybody else like me? HELP!!

[MPGGPM 0]

Hi. I hope somebody can help me. I got married in February, 2007 and my OPT (optional practical training) expired in February, too. I'm in grace period now, till 16th of April. I would like to send the forms ASAP but I'm a little confused. Since I applied for EAD before, I already have Employment Authorization Card and A#. So, when filing I-765 which one shoud I choose?

-Permission to accept employment, or

-Renewal of my permission to accept employment (attach a copy of your previous Employment

Authorization Document).

Finally, what whould be proper answer under Eligibility Categories? Is my case a special one since I got married in US? Is there anybody else like me? HELP!!

Your specific EAD question is a tough one to answer. I can only think that because you are adjusting status, you are no longer basing your EAD on your F-1 (OPT).........but applying for an AOS "EAD". So, I am guessing it's the first choice on the I-765 form. But, still, I am not 100% sure.

I've read some things regarding it, but nothing that specifically answers the question as to which response you should choose.

You are definately not the only one who has married while here in the USA on an F-1. I've read plenty of cases on VJ, of situations similar to yours.

However, I believe you are not getting much of a response because you are asking this in a K-3 forum. And,........since most people who adjust status from an F-1 visa do NOT leave the USA, and subsequently, "remain" to do AOS.....I don't think you will find too many of those who did so in this K-3 forum, which is a type of visa for spouses who are "not" in the USA.

I would suggest you post your question in the "Adjustment of Status" forum. That is where I have seen most of the posts from those who have applied from an F-1. I think you get more help for your questions there.

Edited April 10, 2007 by MPGGPM

[MPGGPM 0]

I'm copying something else that I found, below. I read a few more articles, and from what I have gathered, it does not appear as though an F-1 OPT EAD, can be renewed. It is only valid for 12 months, and that's it. It can not be extended or renewed beyond that period.

It definately looks like you will have to choose the first choice, and for the I-765, it will be a new EAD, and not a renewal,.................based on your I-485 application.

Chat User : How many times can I renew my EAD cards? Is there any restriction?

Attorney Murthy : There is no limit on how many times one may renew the EAD based on having filed an I-485 application. If the EAD is based on the F-1 OPT, then the CIS cannot approve it beyond the maximum one-year timeframe allowed under law with each degree program.

Research the issue more, if you'd like. There seems to be quite a bit of info, if you do a "Google" search.

Good luck.

(If you want to look at the website, that particular question was asked near the middle of the page................ http://www.murthy.com/chatlogs/chat1013_P.html )

[blackmountain 0]

Thanks a lot. I asked somebody that has gone through the same process like me and chose the first choice. He said the application was fine, never sent back for re-adjustment. Well, tanks for your help again.

I'm copying something else that I found, below. I read a few more articles, and from what I have gathered, it does not appear as though an F-1 OPT EAD, can be renewed. It is only valid for 12 months, and that's it. It can not be extended or renewed beyond that period.

It definately looks like you will have to choose the first choice, and for the I-765, it will be a new EAD, and not a renewal,.................based on your I-485 application.

Chat User : How many times can I renew my EAD cards? Is there any restriction?

Attorney Murthy : There is no limit on how many times one may renew the EAD based on having filed an I-485 application. If the EAD is based on the F-1 OPT, then the CIS cannot approve it beyond the maximum one-year timeframe allowed under law with each degree program.

Research the issue more, if you'd like. There seems to be quite a bit of info, if you do a "Google" search.

Good luck.

(If you want to look at the website, that particular question was asked near the middle of the page................ http://www.murthy.com/chatlogs/chat1013_P.html )

[Dr_LHA 3]

Yes, you should choose the first option. You're not renewing your EAD, you're getting an entirely new and different type of EAD.

[SC & TF 1]

Yes, you should choose the first option. You're not renewing your EAD, you're getting an entirely new and different type of EAD.

I don't think it matters what you choose. I chose the renewal option even though I was adjusting from F1 OPT to AOS, and I got my EAD without a hitch (79 days). I just attached a copy of my previous EAD approval notice to my application. Although the new EAD I got had a completely new A#, no restrictions, and of course my finger print. Good luck.

Edited April 11, 2007 by SC & TF

[Dr_LHA 3]

Yes, you should choose the first option. You're not renewing your EAD, you're getting an entirely new and different type of EAD.

I don't think it matters what you choose. I chose the renewal option even though I was adjusting from F1 OPT to AOS, and I got my EAD without a hitch (79 days).

Yes, USCIS officers will often overlook mistakes on forms rather than rejecting them, especially common mistakes.

Edited April 11, 2007 by Dr_LHA

[lex07 12]

I just attached a copy of my previous EAD approval notice to my application. Although the new EAD I got had a completely new A#, no restrictions, and of course my finger print. Good luck.

I'm in a somewhat similar situation. F1-H1B-and going to adjust pretty soon. So in the forms, when it ask for the A#, should I just put the A# from the old EAD (OPT)?

Thanks.