aos MO-AOS: OPT conflict

[MO-AOS 0]

Hi all,

First i want to thank this platform and all the readers/folks on helping me.  I have been googled all day for the past 3 days trying to figure out what to do in my case.

My wife and I just got married last month and have just received our marriage license and will be filing AOS. However the following is our main concern:

1. My wife is currently working via OPT which will be expire in September.

 

If i filed the AOS along with i-765 (Employment Authorization Card), it will roughly take 3~6months to get the EAD card.  My wife and I surely didnt want that to happen because her OPT will expire which means she will be out of work.  We are currently want to file all the AOS paperwork (includes i-765) and will also file the renewal of her OPT (which will buy us more time while waiting on the EAD card), will these conflict? is there a better solution to my case?

 

I was also told that once I filed the AOS, my wife's OPT/F1 status will be expired and that she will need to quit her job today and wait for EAD card in order to work. Is this true?

 

Lastly, can I include the expedite EAD documents(evidences) along with my AOS paperwork? if so what documents are needed to expedite EAD? 

 

Thank you so much!!

 

My Timeline:
6/18/2019:  AOS forms/paperworks are ready to be submit. (working on OPT renewal paperwork)

 

 

 

 

 

 

[elmers 293]

5 minutes ago, MO-AOS said:

I was also told that once I filed the AOS, my wife's OPT/F1 status will be expired and that she will need to quit her job today and wait for EAD card in order to work. Is this true?

 

Lastly, can I include the expedite EAD documents(evidences) along with my AOS paperwork? if so what documents are needed to expedite EAD? 

Will her status expire? False. I am still working on my J1/DS-2019 despite having received an EAD card last November. We submitted our AoS paperwork July 2018.

Expedite EAD: Yes you can. Maybe claim financial hardship as that seems to do the job for most. More information here: https://www.uscis.gov/forms/how-make-expedite-request

[MO-AOS 0]

1 minute ago, elmers said:

Will her status expire? False. I am still working on my J1/DS-2019 despite having received an EAD card last November. We submitted our AoS paperwork July 2018.

Expedite EAD: Yes you can. Maybe claim financial hardship as that seems to do the job for most. More information here: https://www.uscis.gov/forms/how-make-expedite-request

Thank you so much for confirming this.

I will read-up on expedite EAD process.

[arken 4,197]

1 hour ago, MO-AOS said:

Hi all,

First i want to thank this platform and all the readers/folks on helping me.  I have been googled all day for the past 3 days trying to figure out what to do in my case.

My wife and I just got married last month and have just received our marriage license and will be filing AOS. However the following is our main concern:

1. My wife is currently working via OPT which will be expire in September.

 

If i filed the AOS along with i-765 (Employment Authorization Card), it will roughly take 3~6months to get the EAD card.  My wife and I surely didnt want that to happen because her OPT will expire which means she will be out of work.  We are currently want to file all the AOS paperwork (includes i-765) and will also file the renewal of her OPT (which will buy us more time while waiting on the EAD card), will these conflict? is there a better solution to my case?

Once her OPT expires, then she should stop working. You CANNOT renew OPT but apply for STEP extension if applicable. If STEM extension is applicable and filed, existing OPT is automatically extended for 180 days so she can keep working.

 

AOS EAD and OPT are independent items, no conflict with each other in applying.

 

1 hour ago, MO-AOS said:

I was also told that once I filed the AOS, my wife's OPT/F1 status will be expired and that she will need to quit her job today and wait for EAD card in order to work. Is this true?

 

Filing for AOS won’t affect the F1 status. Only when AOS EAD is used  for work while in F1, then the person is no longer in F1 status.

 

1 hour ago, MO-AOS said:

Lastly, can I include the expedite EAD documents(evidences) along with my AOS paperwork? if so what documents are needed to expedite EAD? 

Probably existing employment offer letter and how you two will fall into financial hardship if EAD isn’t expedited.

 

 

[MO-AOS 0]

4 hours ago, arken said:

Once her OPT expires, then she should stop working. You CANNOT renew OPT but apply for STEP extension if applicable. If STEM extension is applicable and filed, existing OPT is automatically extended for 180 days so she can keep working.

 

AOS EAD and OPT are independent items, no conflict with each other in applying.

 

 

Filing for AOS won’t affect the F1 status. Only when AOS EAD is used  for work while in F1, then the person is no longer in F1 status.

 

Probably existing employment offer letter and how you two will fall into financial hardship if EAD isn’t expedited.

 

 

Thank you so much!

I will file both then