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Should I file for EAD through STEM or i485 (Adjustment of Status)?

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  • Should I file for EAD through STEM or i485 (Adjustment of Status)?

    I?m able to renew my EAD through STEM extension, but if I were to apply for i-765 through the i485 package (Adjustment of Status), will my renewed EAD through STEM get cancelled in that case? If yes, would I be able to use the 180 days time lapse in this case or not? I am on F1 visa (currently working on OPT valid till June 11, 2018). My wife (LPR) filed i130 for me. My priority date (April 3, 2017) is current as of March 2018.

  • #2
    Originally posted by dannypatel1590 View Post
    I?m able to renew my EAD through STEM extension, but if I were to apply for i-765 through the i485 package (Adjustment of Status), will my renewed EAD through STEM get cancelled in that case? If yes, would I be able to use the 180 days time lapse in this case or not? I am on F1 visa (currently working on OPT valid till June 11, 2018). My wife (LPR) filed i130 for me. My priority date (April 3, 2017) is current as of March 2018.
    I had looked this up before, and the general consensus I saw was: if you apply for EAD through i485 your current EAD will be valid until it expires or until you get your new EAD, whichever happens first.

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    • #3
      Originally posted by dannypatel1590 View Post
      I?m able to renew my EAD through STEM extension, but if I were to apply for i-765 through the i485 package (Adjustment of Status), will my renewed EAD through STEM get cancelled in that case? If yes, would I be able to use the 180 days time lapse in this case or not? I am on F1 visa (currently working on OPT valid till June 11, 2018). My wife (LPR) filed i130 for me. My priority date (April 3, 2017) is current as of March 2018.
      I feel like I've answered this for you befpre. You won't have a lapse in anything.Your boss won't know you are adjusting status unless you mention that. It's not like you're swiping your EAD at work in order to get your paycheck. No one is going to come knocking on your door either. They do not have time for that.
      You do want to get the AOS-EAD because it gives you the freedom to go look for any job you like. If you don't feel like being an engineer tomorrow and you want to be a bread baker because that makes you happy, then you can. Otherwise, you're stuck with your boss until you get your green card.
      Just get it. It doesn't cost you anything. You should also file the I-131. Since you've expressed intent to immigrate, your F-1 visa will not get allow you back into the US if you leave without applying for Advance Parole first.

      Here you go, page 1 and 2 of the I-131 instructions, best of luck!

      Generally, if you are in the United States and have applied for adjustment of status to that of a lawful permanent resident, your application will be deemed abandoned if you leave the United States without first obtaining an Advance Parole Document. Your application for adjustment of status generally will not be deemed abandoned, even if you do not apply for an Advance Parole Document before traveling abroad while an adjustment application is pending, if you currently are in one of the following non-immigrant classifications, and remain eligible for and would be admissible in one of the following categories upon applying for admission at a port-of-entry:
      a. An H-1 temporary worker, or H-4 spouse or child of an H-1;
      b. An L-1 intracompany transferee, or L-2 spouse or child of an L-1;
      c. A K-3 spouse, or K-4 child of a U.S. citizen; or
      d. A V-1 spouse, or V-2/V-3 child of a lawful permanent resident.

      NOTE: Upon returning to the United States, most individuals must present a valid H, L, K, or V nonimmigrant visa
      and must continue to be otherwise admissible. If you do not have a valid or unexpired H, L, K, or V nonimmigrant
      visa, then you generally need to obtain an H, L, K, or V nonimmigrant visa at a U.S. Department of State (DOS) visa
      issuing post. Individuals will need a valid nonimmigrant visa, advance parole, or other travel document to present for
      reentry.

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