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whitishblue

Concurrent I-765 filing with I-485 with F1 STEM OPT EAD

By whitishblue in Adjustment of Status from Work, Student, & Tourist Visas

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whitishblue Newbie

whitishblue   0

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Hello, 

I have searched previous posts, but have noticed mixed opinions on this matter.

I am about to file EB2-NIW I-140 and pending file I-485 with my wife.

My status is F1 and my STEM OPT was approved in Aug 2017, so it is valid until Aug 2019.

Now my question is should I file I-765 with I-485 or not.

Some say as soon as I file I-485, my current EAD will void, so I should apply I-765 as well.

Others say regardless of I-485 filing, my current EAD will be valid until its expiration date.

Even if I get a new EAD card, its expiration will come earlier than my current EAD card.

So is there any advantages other than it is free to file?

FYI, my attorney would not answer as retained them only for I-140 filing.

Thanks in advance for your valuable input.

AussieGuy12 Explorer

AussieGuy12   23

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Filed: F-1 Visa Country: United Kingdom
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My understanding (I am currently in the process of AOS from OPT (Non Stem) to EAD).

Since its free to apply with Concurrent filing, you should do it, just incase there are issues and and a delay - but since you are eligible to work till 2019, I don't think it really matters, only if it is under 12 months.

A question I think that is interesting is the first part of i-765

 

Are you: 

Permission to accept employment.
Replacement (of lost employment authorization document).

Renewal of my permission to accept employment (attach a copy of your previous employment authorization document).

 

Since you already have a card, you don't need a replacement, but you already have employment, but also, your renewal is different (OPT to LPR)

Hope this helps.

12/16/2017 - Married

1/06/2018 - AOS Package (I-130, I-485, I-765, I-131) Sent via USPS - Chicago Lockbox 

1/10/2018 - AOS Package "Delivered" at Chicago Lockbox - After 2 delivery attempts.

1/12/2018 - Official Priority Date.

1/17/2018 - NOA1 electronic copy received - 4 Email and Text notifications (12:30am EST)

1/22/2018 - NOA1 Hard Copy Received

1/26/2018 - Biometrics Appointment letter received - 2/9/18 (For I-485/I-765)

2/09/2018 - Biometrics completed - Charlotte office - Very efficient!

5/30/2018 - Notification of i-485 Interview scheduled 

6/4/2018 - Interview notice arrived in Mail (July 9)

6/4/2018 - Called to request transfer case to Seattle (Moving June 25)

6/14/2018 - I-765 - Card is being Produced (Day 156)

6/21/2018 - EAD Card delivered (USPS tracking sent 2 days earlier)

6/28/2018 - Confirmation of Interview Cancellation

3/08/2019 - Re-Applied for AP/EAD extension (Exp Date: 6/13/2019)

 

 

 

 

AussieGuy12 Explorer

AussieGuy12   23

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Filed: F-1 Visa Country: United Kingdom
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16 hours ago, whitishblue said:

I think the first of part of I-765 should be as if I am applying for a new card (as a category "c 9") even if I am currently employed.

 

So the question again will be "Should I?", not "Can I?"...

My understanding would be, if you feel that your AOS would be completed before August 2019, then there would be no reason to? Are you planning on traveling outside of the USA?

 

12/16/2017 - Married

1/06/2018 - AOS Package (I-130, I-485, I-765, I-131) Sent via USPS - Chicago Lockbox 

1/10/2018 - AOS Package "Delivered" at Chicago Lockbox - After 2 delivery attempts.

1/12/2018 - Official Priority Date.

1/17/2018 - NOA1 electronic copy received - 4 Email and Text notifications (12:30am EST)

1/22/2018 - NOA1 Hard Copy Received

1/26/2018 - Biometrics Appointment letter received - 2/9/18 (For I-485/I-765)

2/09/2018 - Biometrics completed - Charlotte office - Very efficient!

5/30/2018 - Notification of i-485 Interview scheduled 

6/4/2018 - Interview notice arrived in Mail (July 9)

6/4/2018 - Called to request transfer case to Seattle (Moving June 25)

6/14/2018 - I-765 - Card is being Produced (Day 156)

6/21/2018 - EAD Card delivered (USPS tracking sent 2 days earlier)

6/28/2018 - Confirmation of Interview Cancellation

3/08/2019 - Re-Applied for AP/EAD extension (Exp Date: 6/13/2019)

 

 

 

 

whitishblue Newbie

whitishblue   0

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3 hours ago, AtlToBlr said:

People have mixed opinion on this. We just applied for my wife. Her OPT extension also ran till 2019. Here is what we were told: 

 

https://www.avvo.com/legal-answers/applying-for-wife-s-adjustment-of-status--should-w-3263589.html

 

We went ahead and sent her EAD application as well. 

Thanks. One would think that there are a number of people applying for AOS from STEM OPT, but I guess this case is not so clear at the moment.

whitishblue Newbie

whitishblue   0

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11 minutes ago, AussieGuy12 said:

My understanding would be, if you feel that your AOS would be completed before August 2019, then there would be no reason to? Are you planning on traveling outside of the USA?

 

I will probably file AOS within a month or two, and I am not from China or India, so I am pretty sure my AOS has a good chance to be completed by then.

But going back to my questions, there are some people saying that my current EAD will void upon my AOS application. If that is the case, then I must file I-765 as it will kick me out of my current work.

But I do not know if this is true or not. Also, I think the travel plan has something to with AP, which I will file anyways.

whitishblue Newbie

whitishblue   0

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2 minutes ago, AtlToBlr said:

What does that have to do with AOS? Am I missing something? 

I meant I can file AOS soon with I-140 pending receipt because my PD is current.

My understanding is that people from India and China cannot do so (unless EB-1) because the PD is not current.

 

  • 1 year later...
 
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