URGENT HELP: Can we apply (process) AOS EAD while OPT EAD is under process

[sdk_GC]

(Question in Red bold is most important for me)
With my PD becoming current, i want to include my spouse on my AOS processing.

She is on F-1 status, presently on CPT and doing her internship. She intends to graduate in Aug and start full time in September. She applied for her OPT EAD with a receipt date of June 22nd.

Can i include her on AOS EAD, while OPT EAD is in process. (1) Will there be a issue if both her OPT EAD and AOS EAD are processed simultaneously at USCIS?

I intend to wait until 3rd week of July to file for AOS EAD, so that enough time has passed for OPT EAD (hoping that it gets approved, and that they dont look at AOS EAD before her OPT EAD gets approved) (2) Once they receive the AOS EAD file, do they just receipt stamp it, or do a initial review of the file?

I am hoping that PD to be current for August so that i can delay filing the AOS EAD furthur, so that enough time passes for OPT EAD to be approved.

 

[network_dude]

OPT and AOS

My wife is exactly in the same situation. She is on CPT and has OPT pending with receipt date of May 22. As per my company lawyer, there should be no issue. She has suggested that once AOS EAD is approved, she should use AOS EAD and not OPT. Till then, OPT can be used. However, travelling can be done with Advance Parole only.
As to what INS will do with 2 I-765s pending, it is hard to predict.
May I know what service center OPT is pending and what are the current times for OPT? My wife's OPT is pending at California Service Center.

(Question in Red bold is most important for me)
With my PD becoming current, i want to include my spouse on my AOS processing.

She is on F-1 status, presently on CPT and doing her internship. She intends to graduate in Aug and start full time in September. She applied for her OPT EAD with a receipt date of June 22nd.

Can i include her on AOS EAD, while OPT EAD is in process. (1) Will there be a issue if both her OPT EAD and AOS EAD are processed simultaneously at USCIS?

I intend to wait until 3rd week of July to file for AOS EAD, so that enough time has passed for OPT EAD (hoping that it gets approved, and that they dont look at AOS EAD before her OPT EAD gets approved) (2) Once they receive the AOS EAD file, do they just receipt stamp it, or do a initial review of the file?

I am hoping that PD to be current for August so that i can delay filing the AOS EAD furthur, so that enough time passes for OPT EAD to be approved.

 

[sdk_GC]

AOS and OPT

Thanks for the response... lets continue to keep in contact so that we can share our experience.

She has suggested that once AOS EAD is approved, she should use AOS EAD and not OPT.

My concern is that if we use AOS EAD instead of OPT EAD, then her F1 will become void. If this happens, and for whatever reason GC get Rejected, there is no visa to fall back on. So, i am hoping to continue on OPT EAD until she can apply for her onw H-1, for backup purposes. Question is: Can she apply for H-1 based of her F1/OPT EAD if her AOS EAD is approved.

May I know what service center OPT is pending and what are the current times for OPT? My wife's OPT is pending at California Service Center.

My Wife's is at California service center too. Current processing time is Mar 292006.
You can check status at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC

 

[sdk_GC]

OPT EAD and AOS EAD conflict

bumping up.. anyone else in the same status with success or anyone with knowledge of process. Please respond!!

 

[network_dude]

OPT and EAD

bumping up.. anyone else in the same status with success or anyone with knowledge of process. Please respond!!

I was trying to theorize how INS will handle this conflict, as i am unable to find anybody with past similar experience.
When the entire packet goes to NSC in July, NSC will just assign a case number based on initial filing evidence. They will not go into the details to find out there is a pending OPT application. They will get to it only 2 to 3 months down the line. Hence, CSC will not come to know that the OPT applicant has applied for AOS.

So, I think CSC should have no issues in approving OPT.

 

[sdk_GC]

I got this information from my attorney...

The USCIS applies a general rule to determine whether a person maintained the proper nonimmigrant intent at the time they sought the benefit of a strict nonimmigrant status. Under this rule:

1) Actions that demonstrate immigrant intent that occur within 30 days of securing a strict nonimmigrant status benefit carry a legal presumption that the person did not maintain the requisite nonimmigrant intent at the time the nonimmigrant benefit was sought. This legal presumption can be overcome with evidence.

2) Actions that demonstrate immigrant intent that occur within 31-60 days of securing a strict nonimmigrant status benefit do not carry any legal presumption. That is, the facts and evidence will be weighed in isolation to determine intent.

3) Actions that demonstrate immigrant intent that occur within 60+ days of securing a strict nonimmigrant status benefit carry a legal presumption that the person did maintain the requisite nonimmigrant intent at the time the benefit was sought, but that intent permissibly changed after the fact. This legal presumption can be overcome with evidence to the contrary.

As a result of the above test, the most conservative course of action is to wait until the 61st day after entry in F-1 status, applying for OPT, etc to file an AOS.
So, as always more questions...
1) Has anyone been in situation like this before and have they applied before 30 days with a result?
2) Can I include my wife in my AOS application, and delay for her AOS EAD application to a later date? If yes, will her AOS EAD only be processed if the PD is current, or will they consider the AOS receipt date?

 

[network_dude]

Opt

hi sdk,
any update on your wife's OPT at CSC? My wife's OPT is pending since May 22 and I am getting impatient.

I got this information from my attorney...

The USCIS applies a general rule to determine whether a person maintained the proper nonimmigrant intent at the time they sought the benefit of a strict nonimmigrant status. Under this rule:

1) Actions that demonstrate immigrant intent that occur within 30 days of securing a strict nonimmigrant status benefit carry a legal presumption that the person did not maintain the requisite nonimmigrant intent at the time the nonimmigrant benefit was sought. This legal presumption can be overcome with evidence.

2) Actions that demonstrate immigrant intent that occur within 31-60 days of securing a strict nonimmigrant status benefit do not carry any legal presumption. That is, the facts and evidence will be weighed in isolation to determine intent.

3) Actions that demonstrate immigrant intent that occur within 60+ days of securing a strict nonimmigrant status benefit carry a legal presumption that the person did maintain the requisite nonimmigrant intent at the time the benefit was sought, but that intent permissibly changed after the fact. This legal presumption can be overcome with evidence to the contrary.

As a result of the above test, the most conservative course of action is to wait until the 61st day after entry in F-1 status, applying for OPT, etc to file an AOS.
So, as always more questions...
1) Has anyone been in situation like this before and have they applied before 30 days with a result?
2) Can I include my wife in my AOS application, and delay for her AOS EAD application to a later date? If yes, will her AOS EAD only be processed if the PD is current, or will they consider the AOS receipt date?

 

[vsindhura]

I am in the same situation

I am on F1 now (graduating in august) and applied for AOS on July 2nd (spouse for primary applicant, my husband). USCIS stopped accepting applications on the same day..hence I applied for OPT to start in AUG.

Now, USCIS are accepting AOS applications as of July 17th...so I have submitted 2 applications to USCIS one for OPT in VERMONT and another for AOS in NEBRASKA..I have already recieved a reciept notice for OPT, but haven't heard anything regarding AOS.

My question is..Will my AOS application be rejected as I applied for OPT?...it's not my fault..initally I wasn't going to apply..but I had to, since they said they werent' accepting anymore AOS applications.

Also, after applying for AOS, I got a new I-20 (with my OPT dates)..so AOS does not have a copy of my latest I-20..Is there a way to send them the new I-20?

I'm loosing my mind...please help..