AoS pending for F-1 Visa on OPT (F2A)

[sinyanmei92]

Hi everyone,
I've been following this forum recently and have learned a lot of things from people here (they are all really helpful). I know that the law before is when you are having a pending AoS, you can stay here to get adjusted. However there is a new law came out recently that affected students status (https://www.uscis.gov/news/news-rele...hange-visitors) and I'm one of them.
Just for clarification, I'm a F2A, married to a GC holder.
So if you see my signature, it's my timeline up until now. My EAD card is gonna expire next week (08/15). As far as I know, I will have 2 months grace period after my OPT ends, to decide if I wanna continue pursuing study (apply for school) or I can leave within that 60days. I filed for AoS in June and I just got my biometrics done 08/02.

So my question is, because of the new law came out, would I be able to stay here legally until my status gets adjusted (which won't happen soon, maybe in 7-10months??), or I should apply for school to prolong the time I can stay here just to be safe? I wont be able to drive, work or do anything during the AoS pending time. But if I apply for school I will get an I-20 and that can help me to renew my current driver license or maybe apply for CPT.

Any advice helps.Thank you so much!

[newacct]

Hi everyone,
I've been following this forum recently and have learned a lot of things from people here (they are all really helpful). I know that the law before is when you are having a pending AoS, you can stay here to get adjusted. However there is a new law came out recently that affected students status (https://www.uscis.gov/news/news-rele...hange-visitors) and I'm one of them.
Just for clarification, I'm a F2A, married to a GC holder.
So if you see my signature, it's my timeline up until now. My EAD card is gonna expire next week (08/15). As far as I know, I will have 2 months grace period after my OPT ends, to decide if I wanna continue pursuing study (apply for school) or I can leave within that 60days. I filed for AoS in June and I just got my biometrics done 08/02.

So my question is, because of the new law came out, would I be able to stay here legally until my status gets adjusted (which won't happen soon, maybe in 7-10months??), or I should apply for school to prolong the time I can stay here just to be safe? I wont be able to drive, work or do anything during the AoS pending time. But if I apply for school I will get an I-20 and that can help me to renew my current driver license or maybe apply for CPT.

Any advice helps.Thank you so much!

There is no change for you. You do not accrue "unlawful presence" while Adjustment of Status (I-485) is pending.

[sinyanmei92]

There is no change for you. You do not accrue "unlawful presence" while Adjustment of Status (I-485) is pending.

Just to confirm, that means I can just stay here legally during my AoS pending time, and keep waiting for my AP/EAD combo card to be produced?

[newacct]

Just to confirm, that means I can just stay here legally during my AoS pending time, and keep waiting for my AP/EAD combo card to be produced?

Yes. As long as you filed I-485 before your status ended, you can stay for as long as I-485 is pending, regardless of whether your underlying status has ended, and regardless of EAD/AP. Furthermore, you do not accrue "unlawful presence" while the I-485 is pending regardless of whether it is ultimately approved or denied.

[sinyanmei92]

Yes. As long as you filed I-485 before your status ended, you can stay for as long as I-485 is pending, regardless of whether your underlying status has ended, and regardless of EAD/AP. Furthermore, you do not accrue "unlawful presence" while the I-485 is pending regardless of whether it is ultimately approved or denied.

Thank you! I'm less stressed out now lol.

[YuliPG]

I'm in exactly the same situation - F2A after F1 status. I filed i485 in October and my I20 expired in May (I did not do OPT; however if I knew my EAD will take SO long I probably would). My lawyer said there is no problem with that at all - you are legal while i485 is pending.

Also you can drive/work while you're adjusting status if you have applied for and received an EAD.

[sinyanmei92]

I'm in exactly the same situation - F2A after F1 status. I filed i485 in October and my I20 expired in May (I did not do OPT; however if I knew my EAD will take SO long I probably would). My lawyer said there is no problem with that at all - you are legal while i485 is pending.

Also you can drive/work while you're adjusting status if you have applied for and received an EAD.

The waiting time for Ead/Ap combo card is super long now I did place an expedite request and I really hope they would accept it after I sent out my evidence.

[amatavn89]

EAD waiting time

I'm in exactly the same situation - F2A after F1 status. I filed i485 in October and my I20 expired in May (I did not do OPT; however if I knew my EAD will take SO long I probably would). My lawyer said there is no problem with that at all - you are legal while i485 is pending.

Also you can drive/work while you're adjusting status if you have applied for and received an EAD.

Does it really take 8 months for you to get EAD? It is so long!

[sinyanmei92]

I successfully expedited my I-765! New card is being produced/case was approved on 08/24!