Switch from OPT-based EAD to EAD for pending permanent residency case?

[rec392]

Hello everyone,

I have graduated university in June and am currently on a F-1 visa with a pending post-completion OPT. I am still waiting for my EAD card and it has been a big hassle. I have graduated, passed my nursing board exams, and have been hired for a very prestigious position and I am in despair because it feels like I still have no control when it comes to being able to work. It is my 90th day today (on a Saturday - I don't think they work on cases during the weekends) so I will have to call the 800# soon to follow up on my case. My employer is angrily waiting for me to receive my card so I can begin working but at least they are trying to wait. At this point, I am considering giving up the position in order for them to utilize someone else for that job.

Here are some of my other dilemmas that I need advice on:

My EAD (once approved) will expire by July 31, 2009. Question: Can I stay in the US after that period and would I be able to continue working?

My boyfriend and I are considering getting married sooner than expected. Initially we wanted to wait so we can save up for the big ceremony and honeymoon but we may just go down to the courthouse (?) first and get the paperwork and legal politics out of the way. Question: Once married, would I be able to process permanent residency paperwork while under an F-1 visa?

My understanding is that while your case is pending for a green card, you can apply for an EAD to work in the meantime. Question: Since I will already have an EAD under OPT at that time we file, would I be able to "time" the beginning of my EAD from permanent residency so that I can have it before my OPT-EAD expires? I am on a 2-yr contract with my employer.

If anyone has any advice/input/thoughts, I gladly welcome them!

[LucyMO]

My EAD (once approved) will expire by July 31, 2009. Question: Can I stay in the US after that period and would I be able to continue working?

on what basis? Illegally? yes.

Question: Once married, would I be able to process permanent residency paperwork while under an F-1 visa?

if you file for a GC, you will no longer be in F-1 status.

Since I will already have an EAD under OPT at that time we file, would I be able to "time" the beginning of my EAD from permanent residency so that I can have it before my OPT-EAD expires?

not really, but if you file for a new EAD about 3 months before the old one expires you should get it on time. Anyway, when you marry and file for a GC, you may have a GC within 4-12 months.

[rec392]

[QUOTE=LucyMO;1959327]on what basis? Illegally? yes.

Well if I'm not mistaken, there is a 2-month grace period after OPT expires. So that being said, if my EAD expires before the end of the grace period, I can still stay in the US as long as I'm not working within that interval..? I'm not sure.

[LucyMO]

your grace period will start after the last day of EAD. You cannot work during that time. You should file for a GC before your EAD expires.