DV 2015 AOS Only
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
What's G-1155?
Why would you put your previous I-765 form? That form has been approved and you already have your OPT card. It's the copy of the OPT card that you need to include with your package.
Sm1smom
Super Moderator
Yes, he should include them. That's his prove that he's never gone out of status.
Sm1smom
Super Moderator
Not unless you want a replacement EAD card. Although my suggestion to anyone on F1 or OPT status is to not apply for the AOS based EAD card, because once you use the AOS based EAD card to take up an employment offer, you're no longer in F status and if for some weird reasons the AOS application is denied you cannot revert to your previous status.
So, what would be your suggestion for me? My number became current for October and my EAD card will be expired on Feb 14 2015.
Sm1smom
Super Moderator
In that case include a new EAD application with your package. Since there's no guarantee as to when the AOS application would be adjudicated, you will be able to use the new EAD card to continue working if your application hasn't been approved by the time your current EAD card expires in Feb 2015.
Britsimon
Super Moderator
You can send it now (because your number is already published as becoming current in October. There is a small chance that they reject it for filing too early, but as long as you include the policy memo on early filing as suggested in Moms spreadsheet you should be ok. If it were to be rejected you simply resubmit it.
Sm1smom
Super Moderator
Well. you can attempt sending it in now. Although because you October guys are starting the new FY, I think the possibility of a rejection is slightly higher than the occasional rejection we see every now and then. Anyway if you attempt an early filing and it gets rejected, there's no need to panic, you just re-submit the application.
Thanks for all your help.
My question is that:
Can I just wait till this December to see if I can have my green card issued by that time, and then if by that time if my AOS application is still pending, I apply for extension of OPT? I feel like I do not want to include the new EAD application with my package right now. Do you think if I will be safe? Thanks.
My question is that:
Can I just wait till this December to see if I can have my green card issued by that time, and then if by that time if my AOS application is still pending, I apply for extension of OPT? I feel like I do not want to include the new EAD application with my package right now. Do you think if I will be safe? Thanks.
EURO2014
Well-Known Member
An OPT may not exceed 12 months following graduation and can not be extended beyond this time frame on this basis, as far as I am aware.
Sm1smom
Super Moderator
An OPT extension will most likely not be approved because you've demonstrated an immigrant intent following the submission of you AOS application.
Here is my question:
I realized that once my OPT expires (Feb 14, 2015) while my AOS is pending, I can stay in US legally but can't work after this date. Technically I am OK to stay but it is very advisable to maintain my current status until the day of the interview.
But if I apply for EAD by sending I-765 and then get rejected Green Card, I can't stay anymore because I applied for an immigrant benefit. Is this correct? So, what would be the benefit of applying the new EAD card at the same time of AOS submission?
I realized that once my OPT expires (Feb 14, 2015) while my AOS is pending, I can stay in US legally but can't work after this date. Technically I am OK to stay but it is very advisable to maintain my current status until the day of the interview.
But if I apply for EAD by sending I-765 and then get rejected Green Card, I can't stay anymore because I applied for an immigrant benefit. Is this correct? So, what would be the benefit of applying the new EAD card at the same time of AOS submission?
I have one more question.
If I decide to include I-765 form in AOS package, should I pay more than the fee I am supposed to pay for AOS? Because I remembe last time I paid for OPT application. Other than this form and the copy of EAD card, what else I need to include regarding to OPT extension request????
Thanks so much for your help.
If I decide to include I-765 form in AOS package, should I pay more than the fee I am supposed to pay for AOS? Because I remembe last time I paid for OPT application. Other than this form and the copy of EAD card, what else I need to include regarding to OPT extension request????
Thanks so much for your help.
EURO2014
Well-Known Member
As mentioned above, it is unlikely that an EAD/OPT extension will be granted in your specific circumstances, beyond your actual OPT expiration date 02/14/2015. You will remain in status based on your AOS application, presuming you follow respective application timing requirements. Personally, I would not even try to mix AOS and OPT/EAD extension matters, due to real possibility that this may seriously mix up your DV case - your choice. Good luck!
Sm1smom
Super Moderator
Hmmn no, the reason you will not be able to stay back in the US if your GC applied is denied will not be because 'you applied for immigration benefit'. People don't just automatically loose their previous visa status just by applying for an EAD card. They loose the status IF the EAD card is used.
In your own case, assuming your application is not approved by the time your OPT expires, you will already no longer be in F/OPT status. If on top of that the application ends up being denied regardless of wether you've used a DV-based EAD card or not, you no longer have a legal status to revert back to. At this point you could try switching to F2 since your husband's F1 status will still be valid.
The reason people apply for an EAD card at the same time of AOS submission is to enable those who previously had no status authorizing employment to start working immediately pending the adjudication of their AOS application. It is a lot more useful for those doing other types of AOS different from DV as the process is usually much more longer for them. But a few DV based applicants have also going it useful as it enabled them to keeping working when their current status expired or when they got job offers while still waiting to be interviewed/approved.
Sm1smom
Super Moderator
I am really confused. One is saying to apply for extentsion, another one is saying no to do.please help.
Let's get the facts straight please. No where in my post did I suggest you get an OPT extension. Applying for a DV based EAD card IS NOT an application for OPT extension!
Britsimon
Super Moderator
Exactly. I was about to say that.
Mom, Parvin is current in October - which means if he files now he has almost 7 months to get his case through. Am I missing the point here - shouldn't he just get on with the I485???