485/EAD and OPT

L

lil_joe

Registered Users (C)
I recently applied for 140/485/EAD for me and my husband.

I am not sure about my 140/485/EAD, as I see people getting RFE's which delay the issuance of EAD.

My husband is currently finishing his Graduate Studies on F-1. He can apply for OPT based on his F-1.

So, can my husband apply for a second EAD OPT based on his F-1?

Pls advise
 
NO. Your husband cannot apply for OPT anymore. As soon as you apply for I-485, F1 is not valid anymore.
 
EAD and OPT

Originally posted by usnycus
NO. Your husband cannot apply for OPT anymore. As soon as you apply for I-485, F1 is not valid anymore.
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The F-1 stamp on his passport shows 2006. So, Can't he apply OPT EAD based on his F-1 Visa? Or should he wait till the fate of my 140/485/EAD petition is known?

If his F-1 visa is no longer valid, in what visa is he now? Is he technically out of status?

Pls advise
 
485EAD and OPT

Originally posted by usnycus
NO. Your husband cannot apply for OPT anymore. As soon as you apply for I-485, F1 is not valid anymore.
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2 related questions

1. If my husband goes out of the US for a vacation, for getting back in, can he use the F-1 visa(which is valid till 2006 and stamped in the passport) or should he use Advanced Parole


2. If I go out of the US for a vacation, for getting back in, can he use the H-1B visa(which is valid till 2005 and stamped in the passport) or should I use Advanced Parole

Thanks
 
lil_joe,

For valid H1-B people I know that no need to have AP....but for F-1 I don't know same rules applies or not
 
F-1 and AP

Originally posted by Magician
lil_joe,

For valid H1-B people I know that no need to have AP....but for F-1 I don't know same rules applies or not
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Do people on F-1 who have applied for 140/485/EAD through their spouse need AP to come back to US?

I have not applied AP for myself and my husband(since our current H-1 and F-1 visas are valid till 2006).

Pls advise

Thanks
 
F1 is not dual Intent visa.

The day you apply for I-485 your F1 status will go away. F visa does not enjoy dual intent of H /L visa. If you hold any visa other than H/L you need to use AP.
 
Re: F-1 and AP

Originally posted by lil_joe
Do people on F-1 who have applied for 140/485/EAD through their spouse need AP to come back to US?
Yes. You can be on either F1 / AOS not both.

I have not applied AP for myself and my husband(since our current H-1 and F-1 visas are valid till 2006).
H1 is dual intent, meaning you can have both immigrant and non-immigrant intension. But F1 is non-immigrant intension only. So your husband can either be on F1 or AOS.

So you don't require AP but your husband must have.

Also using AP doesn't invalidate your H1B, so it is not a bad idea to get your AP too, just in case!

hth
dyno

Pls advise

Thanks
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Re: Re: F-1 and AP

Originally posted by dynobuoy
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Thanks for the info.
So, the bottom line for my husband (who is on F-1 and who applied 485/EAD as my dependent) is

1 he has to wait for my 485 EAD and he cannot apply for his F-1 OPT EAD.

2. he has to apply for AP to come back to US

Am I right?

Thanks
 
Re: Re: Re: F-1 and AP

Originally posted by lil_joe
Thanks for the info.
So, the bottom line for my husband (who is on F-1 and who applied 485/EAD as my dependent) is

1 he has to wait for my 485 EAD and he cannot apply for his F-1 OPT EAD No. He has to have his own EAD. Ask him to file for his EAD (based on AOS/485).

2. he has to apply for AP to come back to US
Yes.

hth
dyno
Am I right?

Thanks
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Re: Re: Re: Re: F-1 and AP

Originally posted by dynobuoy
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Yeah! Thats what I meant. He has to apply EAD based on our 485 petition.

Also, He cannot apply EAD based on his F-1 OPT right?
Thanks
 
Re: Re: Re: Re: Re: F-1 and AP

Originally posted by lil_joe
Also, He cannot apply EAD based on his F-1 OPT right?
Thanks
Click to expand...

Just forget F1/OPT once you applied for I-485. He is no more in that status.
 
I was in the same situation as you. And my attorney told me that even though my husband can apply his second EAD based on F1-OPT, it will be just a waste of money because VSC will see the RFE for my I-140 anyway.

So at last we decided not to apply for EAD based on his F1-OPT. Our EADs were approved the same day when my I-140 was approved after RFE.
 
Originally posted by ilfang
I was in the same situation as you. And my attorney told me that even though my husband can apply his second EAD based on F1-OPT, it will be just a waste of money because VSC will see the RFE for my I-140 anyway.

So at last we decided not to apply for EAD based on his F1-OPT. Our EADs were approved the same day when my I-140 was approved after RFE.
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Hi IlFang

So how many months did it take from 140/485/EAD application to RFE to 140/EAD approval?

Thanks
 
Hi lil_joe,
I-485/I-140/EAD/AP filed on 03/11/2003;
received receipt from VSC on 04/07/2003;
RFE issued on 05/07/2003;
RFE repsonse received by VSC on 06/10/2003;
I-140/EAD approved on 08/26/2003.

Hope this helps.
 
Originally posted by lil_joe
Hi IlFang

So how many months did it take from 140/485/EAD application to RFE to 140/EAD approval?

Thanks
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Hi ilfang,
How long it has taken for you to get approved for EAD and I140 after RFE for I140.
sabitha235
 
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