Jump to content
jocean

F-1 (pre-opt) just did I-485, wait for work authorization or renew my opt?

By jocean in Working & Traveling During US Immigration

 Share

9 posts in this topic

Recommended Posts

jocean Newbie

jocean   0

Posted
Timeline
Posted (edited)

I'm currently finishing my pre-opt period and graduating in may 2022 🥳. 

 

We (my wife and I) just summited the forms i-130 and I-485!

 

Now I face a dilemma, Do my I-765 as adjustment of status and wait for the work authorization or apply for the I-765 as student and do the OPT ?

 

Any ideas if doing I-765 as student would mess my adjustment of status process?

Edited by jocean
Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

There will be no conflict but it's up to you. You can choose to continue working on OPT maintaining F1 status and keep AOS based EAD as a back up. Or you can give up your F1 status and work with AOS EAD. Remember that once you use AOS based EAD, you will no longer be in F1 status.


 

1 hour ago, Coco8 said:

 

If you get a job and you start on OPT, once you get your EAD for AOS you need to go to HR so they change your paperwork.

There is no need to do so unless one wants to. One can keep working on OPT and keep AOS EAD unused for backup.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
Coco8 Experienced

Coco8   1,042

Posted
Timeline
Posted (edited)
2 hours ago, arken said:

 

There is no need to do so unless one wants to. One can keep working on OPT and keep AOS EAD unused for backup.

His OPT will arrive before the EAD from AOS. And OPT has an expiration that while EAD lasts longer.

Also, if OP leaves the country and gets back using EAD from AOS, he will have changed status so it's better to change it at work before.

Edited by Coco8
Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
10 hours ago, Coco8 said:

His OPT will arrive before the EAD from AOS. And OPT has an expiration that while EAD lasts longer.

Also, if OP leaves the country and gets back using EAD from AOS, he will have changed status so it's better to change it at work before.

My response was to your post where you mentioned OP needs to update HR with EAD when he gets it. I am saying he doesn't need to update his HR when he gets EAD but only when he wants or needs to use EAD. One can travel on OPT and also renew it if Stem OPT. Those are choices not a necessity. OP is free to not apply for OPT and just apply for AOS EAD of course.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
Coco8 Experienced

Coco8   1,042

Posted
Timeline
Posted (edited)
6 hours ago, arken said:

My response was to your post where you mentioned OP needs to update HR with EAD when he gets it. I am saying he doesn't need to update his HR when he gets EAD but only when he wants or needs to use EAD. One can travel on OPT and also renew it if Stem OPT. Those are choices not a necessity. OP is free to not apply for OPT and just apply for AOS EAD of course.

He cannot travel on OPT. He is doing AOS and he would abandon AOS. He has to stay in the US.

 

If he has the i-131, then he should be coming in with that. It's very difficult to come back using OPT because often, the F-1 is expired by then and it's up to CBP to decide what to do. He also has a green card applying and F-1 is a non immigrant status, so that's already against him. It'd be ridiculous to have an AOS EAD and not use that to travel.

 

OP already applied for AOS EAD, but that's going to take longer than the OPT for the F1.

 

Did you even have an F1? Because I did and your visa is F-2A.

Edited by Coco8
Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
32 minutes ago, Coco8 said:

He cannot travel on OPT. He is doing AOS and he would abandon AOS. He has to stay in the US.

Yes agreed, i stand corrected here. Thank you. However the fact remains the same that

 

22 hours ago, Coco8 said:

If you get a job and you start on OPT, once you get your EAD for AOS you need to go to HR so they change your paperwork

he does not need to go to HR after getting AOS-EAD unless he wants to.

 

43 minutes ago, Coco8 said:

Did you even have an F1?

Oh yes I did F1, F2A was for my wife.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...