F1 student waiting for Adjustment of Status after graduation

[Pdp7664 0]

I am an international student graduating after a week. Few months ago I had applied for adjustment of status after getting married to my husband who is a US Citizen. I have completed the biometrics, however I am still waiting for my EAD and Travel card from the USCIS.

 

In the meantime I am graduating next week. My DSO is strongly advising me to apply for an OPT while waiting for EAD and Travel card. The F1 visa will expire after a grace period of 60 days, but I do not want to overstay my visa which might create some problems in adjustment of status.

I wanted to know that as a spouse of a US Citizen, is it legal to live in the United States while still waiting for my EAD card, while my F1 visa has expired?

[Liam2021 585]

While waiting for AOS, you're authorize to stay.

[risky_fox 8]

37 minutes ago, Pdp7664 said:

I am an international student graduating after a week. Few months ago I had applied for adjustment of status after getting married to my husband who is a US Citizen. I have completed the biometrics, however I am still waiting for my EAD and Travel card from the USCIS.

 

In the meantime I am graduating next week. My DSO is strongly advising me to apply for an OPT while waiting for EAD and Travel card. The F1 visa will expire after a grace period of 60 days, but I do not want to overstay my visa which might create some problems in adjustment of status.

I wanted to know that as a spouse of a US Citizen, is it legal to live in the United States while still waiting for my EAD card, while my F1 visa has expired?

Everyone understand that you meant F-1 status, not visa. Visa expires on a date in your passport with a visa stamp and has nothing to do with work authorization.

38 minutes ago, H&T said:

While waiting for AOS, you're authorize to stay.

I agree with H&T, your status now is "pending AOS" which allows you to stay in US legally. Depending on when you've applied for AOS, it would or wouldn't make sense to apply for F-1 OPT. General rule of thumb is to apply for F-1 OPT at the beginning of graduation semester, not a week before graduation. You probably better off waiting EAD from AOS, check with USCIS expected timelines.

[Pdp7664 0]

3 minutes ago, risky_fox said:

Everyone understand that you meant F-1 status, not visa. Visa expires on a date in your passport with a visa stamp and has nothing to do with work authorization.

I agree with H&T, your status now is "pending AOS" which allows you to stay in US legally. Depending on when you've applied for AOS, it would or wouldn't make sense to apply for F-1 OPT. General rule of thumb is to apply for F-1 OPT at the beginning of graduation semester, not a week before graduation. You probably better off waiting EAD from AOS, check with USCIS expected timelines.

Thank you for your feedback. Will check with USCIS 

[geowrian 22,337]

Note that "pending" is not a status. While the I-485 is pending, you have a period of authorized stay and are not accruing unlawful presence. Filing for the I-485 grants no legal status. Authorized stay != legal status.

You have the option to keep your status via OPT. This is mostly only useful in the event that AOS is denied in an unrecoverable way and you don't use the AOS-based EAD or AP at any point.

Edited December 12, 2019 by geowrian