F-1 to Marriage

[EMBELL_17 102]

Just now, geowrian said:

Yes. F-1 is a non-immigrant visa.

Yes, but I mean if he is on OPT status and is employed based on his OPT status. He must not leave and return even if his primary reason for re-entering the USA is to return to work? I have left the country many times on my F-1 OPT status and have returned because my boss was still expecting to come in.

[geowrian 22,337]

Just now, EMBELL_17 said:

Yes, but I mean if he is on OPT status and is employed based on his OPT status. He must not leave and return even if his primary reason for re-entering the USA is to return to work? I have left the country many times on my F-1 OPT status and have returned because my boss was still expecting to come in.

If his intent is to enter the US and file for AOS during that stay, then that is not permitted. If that is not his intent and he later decides to adjust status, that is permitted. Intent is determined at POE.

 

You can still enter with the intent to apply for a CR-1/IR-1 visa.

 

If you had told the CBP officer "I also plan to adjust status at some point on my trip", I guarantee they would have denied you entry.

[EMBELL_17 102]

1 minute ago, geowrian said:

If his intent is to enter the US and file for AOS during that stay, then that is not permitted. If that is not his intent and he later decides to adjust status, that is permitted. Intent is determined at POE.

 

You can still enter with the intent to apply for a CR-1/IR-1 visa.

 

If you had told the CBP officer "I also plan to adjust status at some point on my trip", I guarantee they would have denied you entry.

 

22 minutes ago, AussieGuy12 said:

What about if My OPT expires in August 2018. I get married in November 2017, and then apply for AOS in Jan 2018. 

Once I have applied for AOS in Jan 2018, can I continue to work on my OPT while I am waiting to hear from USCIS on my case?

Hey AussieGuy, see quote by geowrian above. Just so you are not misled, I may have been incorrect. I guess because my reaosning for re-entering has always been work, I faced no problem. Good luck! Thanks, geowrian!

[AussieGuy12 23]

25 minutes ago, EMBELL_17 said:

Yes, you can continue to work on your OPT until August 2018. BUT just to be safe: send in your I-765 with your AOS application (because it is free if you send it in with all the other forms). Your current EAD should say "Class C03B' on it. If you send in your I-765 with your January 2018 application, you should receive a new EAD between April-June 2018. Your new EAD will say 'Class C09' and your C03B EAD will no longer be valid. You will then continue working on your new EAD on C9 status.

Ok great!

Just my contract will be Aug 17-Jun 18.

So wanted to make sure even if I apply for AOS w/765 I can continue to work during the process.

 

i heard that once I apply for AOS, my OPT is cancelled and can no longer work, until I receive my EAD through the AOS process 

[EMBELL_17 102]

3 minutes ago, AussieGuy12 said:

Ok great!

Just my contract will be Aug 17-Jun 18.

So wanted to make sure even if I apply for AOS w/765 I can continue to work during the process.

 

i heard that once I apply for AOS, my OPT is cancelled and can no longer work, until I receive my EAD through the AOS process 

That is not true. Your OPT is invalid once you get your new EAD based on your change of status. I have applied for AOS and I continue to legally work on my F1-OPT. 

[AussieGuy12 23]

2 hours ago, EMBELL_17 said:

That is not true. Your OPT is invalid once you get your new EAD based on your change of status. I have applied for AOS and I continue to legally work on my F1-OPT. 

 

Thank you.

So if I get this correctly. 

 

Say Get married November 2017.

Apply for AOS Jan 2018.

I can continue to work with my OPT, even though I applied for AOS

My new EAD comes in Mar 2018.

I can not continue to work, as my OPT (Class C03B) is cancelled and I am now on EAD (Class C09) until I have my LPR interview and result of that.

 

So really, there is no delay or suspension in time of work?

 

In addition to this above, how does this work with my employer - is it a head ache with paperwork?

 

 

[EMBELL_17 102]

1 minute ago, AussieGuy12 said:

 

Say Get married November 2017.

Apply for AOS Jan 2018.

I can continue to work with my OPT, even though I applied for AOS

My new EAD comes in Mar 2018.

I can not continue to work, as my OPT (Class C03B) is cancelled and I am now on EAD (Class C09) until I have my LPR interview and result of that.

 

So really, there is no delay or suspension in time of work?

 

In addition to this above, how does this work with my employer - is it a head ache with paperwork?

 

 

If your new EAD comes March 2018, you can continue to work but your status will have changed. You will no longer be on OPT, you will be C9 authorized. So if your C9 EAD comes in March, your OPT EAD is basically invalid, but your C9 EAD is valid. As long as you inform your employer of your status change, you will be fine to continue working with no interruption.

 

Paperwork for your employer should not be difficult. All employers should request proof of authorization to work here so it should be as simple as updating the information in your system. I'm not sure, though. Best too check in with your employer's HR.

[AussieGuy12 23]

Thank you!