OPT EAD expiring while Pending i-485 EAD

[besabrina 1]

Hi, I'm very new here but needing all the help and advice I can get.

My husband OPT EAD is expiring in April, 2019. We filed i-130, i-485 and i-765 since October 2018. 

We received the Notice Receipt for all but we have not yet gotten our Biometrics Appointment Notice yet.

 

Our PD: 10/02/2018

Notice Date: 10/08/2018

 

We called a few days ago to request for Biometrics Appointment Notice. Not really sure what to do here :( getting real anxious and feeling so stressed out.

Can he still stay in the US after his OPT expires? Can he still work after? Does the 180 extensions applies for OPT EAD?

 

Please let me know and thank you so much!

Really appreciate all the advice I can get.

[besabrina 1]

2 minutes ago, LizM said:

He's an AOS applicant so he's in authorized stay. He can still stay in the US when his OPT expires, no worries there. Only problem is he can't work after his OPT expires, until he gets his EAD, for which he needs to do a biometrics appointment.

 

It's very strange that you have not been called to that appointment. Make sure your address with the USCIS is correct, I assume it is because you received NOA1, but double check. 

Thank you so much for the answer!

 

We moved to a different state in December of 2018, so we recently called USCIS to change our address. Our old address is at my sister's and she said she has not received anything at all. 

[besabrina 1]

1 hour ago, LizM said:

Gotcha. Try to schedule an Infopass appointment with your closest office or call and ask to speak to Tier 2. You'll want to ask them if they've sent out a biometrics appt letter or not. If they have sent it it's important you find out asap, because not showing up to bio appt means abandoning AOS. Likely though they have not sent out a bio appt letter (for whatever reason) but then the Infopass/call would be about sorting out why that is. Hope you can figure this out soon!

This is extremely helpful. Thank you so much! I'll do that ASAP.

 

[arken 4,197]

13 hours ago, besabrina said:

 

Can he still stay in the US after his OPT expires? Can he still work after? Does the 180 extensions applies for OPT EAD?

 

He can stay after his OPT expires due to his pending AOS. OPT EAD automatic 180 day extension applies only if he has applied for STEM extension. If not he cannot work once OPT expires. 

 

If STEM extension hasn’t been applied, then he can work only after he receives his AOS EAD after OPT expires.

 

 

 

 

[Ryan H 3,812]

Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas Progress Reports.

[AhsanTX 18]

On 3/22/2019 at 6:28 PM, besabrina said:

Hi, I'm very new here but needing all the help and advice I can get.

My husband OPT EAD is expiring in April, 2019. We filed i-130, i-485 and i-765 since October 2018. 

We received the Notice Receipt for all but we have not yet gotten our Biometrics Appointment Notice yet.

 

Our PD: 10/02/2018

Notice Date: 10/08/2018

 

We called a few days ago to request for Biometrics Appointment Notice. Not really sure what to do here getting real anxious and feeling so stressed out.

Can he still stay in the US after his OPT expires? Can he still work after? Does the 180 extensions applies for OPT EAD?

 

Please let me know and thank you so much!

Really appreciate all the advice I can get.

He can definitely stay since you've already filed i-485 but he can't work until he receives the new EAD. 180 days expansion only applies when you apply for extension of the EAD from same category. Sometimes taking unpaid leave works for some companies to keep the job.