Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

AOS waiting interview in Dallas TX - Need help based on F1 student visa

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • AOS waiting interview in Dallas TX - Need help based on F1 student visa

    Hello every one in our famous Family!
    - My brother is U.S citizen, he married a student (F1 visa).
    She graduated on last May 2018, then she got OPT to work and it will expire until this Feb 2019.
    My brother filed all documents for AOS for her on time of legal status, (i485, i130, i131, i765 base on i130&i485). Everything is good now. They just waiting the interview day.
    Now she got the new EAD approved letter (expire on next Sept 2019). but the card was lost in mail. She called USCIS then they told her need to re-apply the form i765 to receive a new card, pay in full 440$ more. It's so crazy. But we don't care much about that card.

    My question is:
    - On this Feb 2019, her OPT will be EXPIRE, after that, does she need to maintain the F1 visa? Even she graduated last year?
    - Now she already had a baby with him about 3 months.
    And i need an advise: If she doesn't maintain F1 visa (to another school or another major), is it OK when they go to interview day for GC? If she goes to the school to update with school's advisor about the waiting in line for GC interview, like she's now in a pending of AOS case, what are things she have to say to Advisor?

    Her time frame is:
    April 2018: filed all documents
    May 2018: BIO finger print.
    Sept 2018: Received the letter of Approval for i130, i485, i765 (lost the card), i131 (Travel out side U.S)
    .......still waiting now. Called so many time to USCIS. When check online it stated "The case was ready to scheduled for interview" from August 2018.

    Any input would be much appreciated.
    Thank you so much!
    Last edited by richard2017; 01-17-2019, 08:33 PM.

  • #2
    Originally posted by richard2017 View Post
    Hello every one in our famous Family!
    - My brother is U.S citizen, he married a student (F1 visa).
    She graduated on last May 2018, then she got OPT to work and it will expire until this Feb 2019.
    My brother filed all documents for AOS for her on time of legal status, (i485, i130, i131, i765 base on i130&i485). Everything is good now. They just waiting the interview day.
    Now she got the new EAD approved letter (expire on next Sept 2019). but the card was lost in mail. She called USCIS then they told her need to re-apply the form i765 to receive a new card, pay in full 440$ more. It's so crazy. But we don't care much about that card.

    My question is:
    - On this Feb 2019, her OPT will be EXPIRE, after that, does she need to maintain the F1 visa? Even she graduated last year?
    - Now she already had a baby with him about 3 months.
    And i need an advise: If she doesn't maintain F1 visa (to another school or another major), is it OK when they go to interview day for GC? If she goes to the school to update with school's advisor about the waiting in line for GC interview, like she's now in a pending of AOS case, what are things she have to say to Advisor?

    Her time frame is:
    April 2018: filed all documents
    May 2018: BIO finger print.
    Sept 2018: Received the letter of Approval for i130, i485, i765 (lost the card), i131 (Travel out side U.S)
    .......still waiting now. Called so many time to USCIS. When check online it stated "The case was ready to scheduled for interview" from August 2018.

    Any input would be much appreciated.
    Thank you so much!
    i-765 is free with AOS. She does not need to pay $440. The person on the phone did not know what they were talking about. Tell her to make an infopass appointment and go to closest field office and follow up from there.

    Comment


    • #3
      Originally posted by azblk View Post
      i-765 is free with AOS. She does not need to pay $440. The person on the phone did not know what they were talking about. Tell her to make an infopass appointment and go to closest field office and follow up from there.
      Thank you for your input. She did an info pass to local USCIS. The officer request to NBC, then after 2 week she received the letter exactly the Level 2 officer on the phone said. The letter said "The card was mailed to you at the address abc xyz as you provided to us - but it lost, in case you want to get new card, follow the link of form i765 here:....abx...xyz to get a new card. You will pay the full fee for new card. We now no longer take care of your lost EAD anymore. If you have question you can call abc...xyz number below or go to online at uscis.gov to put an e-request for lost card"....
      That' so much crazy. Even when she asked them for the tracking number of USPS when they mailed out the EAD, they didn't have it also. So weir. I thought because i con-filling all files, that's the way they want more money on separate i-765. Do you think so?
      - But my question is about maintain F1 visa or Not when AOS is pending?
      Thanks a lot!
      Last edited by richard2017; 01-18-2019, 02:09 AM.

      Comment


      • #4
        Originally posted by richard2017 View Post
        Thank you for your input. She did an info pass to local USCIS. The officer request to NBC, then after 2 week she received the letter exactly the Level 2 officer on the phone said. The letter said "The card was mailed to you at the address abc xyz as you provided to us - but it lost, in case you want to get new card, follow the link of form i765 here:....abx...xyz to get a new card. You will pay the full fee for new card. We now no longer take care of your lost EAD anymore. If you have question you can call abc...xyz number below or go to online at uscis.gov to put an e-request for lost card"....
        That' so much crazy. Even when she asked them for the tracking number of USPS when they mailed out the EAD, they didn't have it also. So weir. I thought because i con-filling all files, that's the way they want more money on separate i-765. Do you think so?
        - But my question is about maintain F1 visa or Not when AOS is pending?
        Thanks a lot!
        She is legal to stay in the US once she filed the I-485 and received the receipt notice (only if she did not enter US illegally). Therefore, she does not need to maintain her F1 student status. Technically speaking, she has abandoned the F1 status the moment she decided to accept I-765 based on pending I-485 application. I specifically confirmed this with a lawyer as I was also adjusting my status from F1 student.
        Field Office - San Francisco

        8/03/18 - Priority Date
        8/27/18 - Biometrics walked in
        9/05/18 - Case is ready to be scheduled for an interview
        12/10/18 - I-765 Expedition Request Sent to Congresswoman
        12/20/18 - Expedition Support sent to Congresswoman
        1/07/19 - New Card is being produced
        1/11/19 - Received I-765 and I-131 Approval Notice
        1/14/19 - Received Combo Card

        Comments are personal opinions, not legal advice.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X