AOS while being on post OPT

[mrb1218]

I have a few questions and I hope someone can help me out!

Here is just a little bit of my background: I have been in the US with my valid F1 visa. I married to a LPR holder in Feb, 2016. My spouse then submitted the I-130 form for me in July, 2016 and it shortly got approved after that. In July, 2017 my spouse became USC, we then submitted the whole package for AOS: i485, i765, i131 and i-134 all together in August, 2017. I suppose all the forms I filed out correctly because I received I-797C's for all forms and did my fingerprints in September. Since then, I have not received any notifications from USCIS. Here are my questions:

1) My post OPT started in June, 2017, I have been volunteering for my professor and also been depressedly waiting for my new EAD card, so I can start a job that is not related to my field of study. It has almost been 120 days since my I-765 and I-131 were received, still no updates yet . Let's just say that I get my new EAD in a week or so, say Dec 15, 2017. Am I allowed to give up my F1 status? and just find a job to work until the interview?

2) About (c)(9) EAD card. I raised a service request online on the 91th day and received an automated email from USCIS saying I should expect to have a response by November 20th. I called the number and was able to talk to a level 1 office, I think. She said: my case is still pending and the request has not been been 30 days since it was raised, USCIS will not take any actions. She then advised me to call back on the 30th day, which will be on Dec 8th. I asked her to explain what the date in the automated email meant, she kept saying that I had to way for 30 days. I asked her if I could talk to a level 2 officer, she said the same thing: you have to wait for 30 days. So this is my question: if I call this Friday and really can't get anything accomplished, what should I do? What if the officer advises me to raise another request? should I do that? If yes then, I will have to keep waiting for another 30 days? How would I reach a level 2 officer if level 1 refuses to transfer me over? At this point, I really need to know what is going with my case and I need to go to work! All of my applications are at National Benefits Center (MSC) and according to their processing time, they are now working on September 15 for C9 I-765 applications. What happened to early August applications? I am so confused!

3) Would there by any chance that the interview will even be scheduled before my EAD?

4) I know things have changed around like a lot, but how long do you think my interview will be scheduled? I am thinking probably 6-8 months.


Any helps are greatly appreciated!

[Tonytran77070@gmail.com]

Hi Mrb

I have a few questions and I hope someone can help me out!

Here is just a little bit of my background: I have been in the US with my valid F1 visa. I married to a LPR holder in Feb, 2016. My spouse then submitted the I-130 form for me in July, 2016 and it shortly got approved after that. In July, 2017 my spouse became USC, we then submitted the whole package for AOS: i485, i765, i131 and i-134 all together in August, 2017. I suppose all the forms I filed out correctly because I received I-797C's for all forms and did my fingerprints in September. Since then, I have not received any notifications from USCIS. Here are my questions:

1) My post OPT started in June, 2017, I have been volunteering for my professor and also been depressedly waiting for my new EAD card, so I can start a job that is not related to my field of study. It has almost been 120 days since my I-765 and I-131 were received, still no updates yet . Let's just say that I get my new EAD in a week or so, say Dec 15, 2017. Am I allowed to give up my F1 status? and just find a job to work until the interview?

2) About (c)(9) EAD card. I raised a service request online on the 91th day and received an automated email from USCIS saying I should expect to have a response by November 20th. I called the number and was able to talk to a level 1 office, I think. She said: my case is still pending and the request has not been been 30 days since it was raised, USCIS will not take any actions. She then advised me to call back on the 30th day, which will be on Dec 8th. I asked her to explain what the date in the automated email meant, she kept saying that I had to way for 30 days. I asked her if I could talk to a level 2 officer, she said the same thing: you have to wait for 30 days. So this is my question: if I call this Friday and really can't get anything accomplished, what should I do? What if the officer advises me to raise another request? should I do that? If yes then, I will have to keep waiting for another 30 days? How would I reach a level 2 officer if level 1 refuses to transfer me over? At this point, I really need to know what is going with my case and I need to go to work! All of my applications are at National Benefits Center (MSC) and according to their processing time, they are now working on September 15 for C9 I-765 applications. What happened to early August applications? I am so confused!

3) Would there by any chance that the interview will even be scheduled before my EAD?

4) I know things have changed around like a lot, but how long do you think my interview will be scheduled? I am thinking probably 6-8 months.


Any helps are greatly appreciated!

Hi!

How many I765 applications did you summit? If you already submitted one for regarding to your I485, so that good for you to go. Then, if you submitted two at the same time that means for I485 and OPT, and that should be a problem to adjust your status. The problem here is Officer will have to remove either frist application, then they will continue processing your the second matches with I485.

Anyway, your case is good to go, and you can start working for any company I believe. Then, download your USCIS app to see the last updates.

Good luck.

[mrb1218]

to TonyTran:

I submitted one I765 for my OPT all the way back in Feb-March and got my EAD for OPT in like April. However, EAD for pending AOS is different though.

[mrb1218]

help!

Any help please?

[newacct]

1) My post OPT started in June, 2017, I have been volunteering for my professor and also been depressedly waiting for my new EAD card, so I can start a job that is not related to my field of study. It has almost been 120 days since my I-765 and I-131 were received, still no updates yet . Let's just say that I get my new EAD in a week or so, say Dec 15, 2017. Am I allowed to give up my F1 status? and just find a job to work until the interview?

You do not need to maintain F1 status, now or before. This has nothing to do with getting an EAD or not. You can stay in the US because you have a pending I-485, regardless of whether you have status.

[kindrich]

I'm also adjusting from F-1 OPT to green card so your case isn't that uncommon.

Now let's keep things straight here:
- Since your I-485 is pending, the only status you currently have is F-1. The OPT EAD is a privilege of F-1 status so if you want to keep working using that OPT EAD, you have to maintain F-1 status.
- Using that OPT EAD to work at a job not related to your field of study is definitely a violation and would result in termination of F-1 status IF (a big IF) you get caught. Since you're required to report employment status to your DSO (Form I-983), it's up to him/her to report your violation to UCSIS. If the DSOs are too busy or sloppy, you might get away with it.
- If you F-1 status is terminated, you're still allowed to remain in the US but you can't work until the EAD from the AOS arrives.
- There's absolutely 0% chance that you'll get your interview before the AOS EAD arrives. The EAD typically arrives in 3-4 months whereas the interview is probably 8-12 months away.

Having F-1 status terminated should theoretically have no impact on the AOS, but I personally wouldn't risk it.

If I were you, I'd play by the rule and keep volunteering for your professor until the AOS EAD arrives, or find paying job that is related to your field of study if you really need the money.

[mrb1218]

Now let's keep things straight here:
"Since your I-485 is pending, the only status you currently have is F-1. The OPT EAD is a privilege of F-1 status so if you want to keep working using that OPT EAD, you have to maintain F-1 status" - I agree
"Using that OPT EAD to work at a job not related to your field of study is definitely a violation and would result in termination of F-1 status IF (a big IF) you get caught. Since you're required to report employment status to your DSO (Form I-983), it's up to him/her to report your violation to UCSIS. If the DSOs are too busy or sloppy, you might get away with it." - I never thought oft using my OPT EAD to get a job that is not related to my field of study.
"If you F-1 status is terminated, you're still allowed to remain in the US but you can't work until the EAD from the AOS arrives." - This, I know. It is just frustrating for not knowing when I will be able to work. It has passed the 120 days mark.
"There's absolutely 0% chance that you'll get your interview before the AOS EAD arrives. The EAD typically arrives in 3-4 months whereas the interview is probably 8-12 months away" - By reading other people's posts, some cases have happened like that. Interview had been done before EAD arrived. That's why I am curious.



"If I were you, I'd play by the rule and keep volunteering for your professor until the AOS EAD arrives, or find paying job that is related to your field of study if you really need the money" - From the state where I live in, 99% of my field-related jobs require security clearance.

How long did it take you to finish the whole process?

[Katya7]

Hi there! I have graduated in Dec-2016. I have received EAD card for OPT and have started working January-2017.
I got married in Jul-2017 and filed for AOS with PD 10/16. I had a family emergency to travel to my home country and have contacted congressmen to expedite my AP/EAD card. Since I had a good reason and a proof (medical record with certified translation), my congressmen was able to help me out. I have received my AP/EAD card on 11/24/17.
I have provided our HR department with my new EAD card just yesterday.

What is your major concern? Why can't you just use your current EAD to work in your field, and then use your new EAD once you will receive it?

BTW, level 1 is never eager to transfer you to level 2. You should be very polite and directly ask them to transfer you to level 2. After some warnings that level 2 will not tell you anything different (this is not true), they will usually transfer your call.

To answer your questions #3- There are some cases where people had their interview first and then have received their EAD shortly after it.

To answer your questions #4- It is different for everyone... I am just patiently waiting and hoping that the interview notice will arrive soon. From other posts, I feel that interview notice should arrive in about 4-6 month after the priority date.

[mrb1218]

Hi there! I have graduated in Dec-2016. I have received EAD card for OPT and have started working January-2017.
I got married in Jul-2017 and filed for AOS with PD 10/16. I had a family emergency to travel to my home country and have contacted congressmen to expedite my AP/EAD card. Since I had a good reason and a proof (medical record with certified translation), my congressmen was able to help me out. I have received my AP/EAD card on 11/24/17.
I have provided our HR department with my new EAD card just yesterday.

What is your major concern? Why can't you just use your current EAD to work in your field, and then use your new EAD once you will receive it?

BTW, level 1 is never eager to transfer you to level 2. You should be very polite and directly ask them to transfer you to level 2. After some warnings that level 2 will not tell you anything different (this is not true), they will usually transfer your call.

To answer your questions #3- There are some cases where people had their interview first and then have received their EAD shortly after it.

To answer your questions #4- It is different for everyone... I am just patiently waiting and hoping that the interview notice will arrive soon. From other posts, I feel that interview notice should arrive in about 4-6 month after the priority date.

I graduated with my MS in EE, it wouldn't be a problem if I moved to another state. As I mentioned before, 99% of jobs related to my field where I live, I must be USC in order to work. I have gotten my congresswoman involved and it looks like I am going to receive the card soon.