change CP to AOS or not? (F1 student graduate in Dec)

[jackie1112]

My number is AS57xx and currently status is on F1 (I-20 will be expired in Dec, 2007). I chosed to do CP back in Taiwan. The cutting numbers seem to come faster this year. For the coming Dec, the asia numbers will be 4700.

Now I am facing the issues, don't know what's better for my situation
1) should I appy OPT and stay in the US. And stick with my plan to go back home to do CP when the number becomes available, or

2) should I inform KCC that I want to change CP to AOS if I have plenty of time to do AOS

Thank you for your suggestion.
ps, I heard from international student counselor saying that EAD cannot be applied twice. I have no idea of what he meant. Thanks a lot.

jackie1112

 

[Johnkent]

My number is AS57xx and currently status is on F1 (I-20 will be expired in Dec, 2007). I chosed to do CP back in Taiwan. The cutting numbers seem to come faster this year. For the coming Dec, the asia numbers will be 4700.

Now I am facing the issues, don't know what's better for my situation
1) should I appy OPT and stay in the US. And stick with my plan to go back home to do CP when the number becomes available, or

2) should I inform KCC that I want to change CP to AOS if I have plenty of time to do AOS

Thank you for your suggestion.
ps, I heard from international student counselor saying that EAD cannot be applied twice. I have no idea of what he meant. Thanks a lot.

jackie1112

ur conselor has no clue as to what his talking about. I'll suggest that you go ahead and apply for your OPT and then fly back home whenever your number becomes current.
You will probably be current in January and thats enough time to do AOS but if you can afford to fly home, it won't be a bad idea as u get to meet family
Anyway, go ahead and apply for your OPT and yes, u can call KCC and let them know that you want to change to AOS if you decide on that.

 

[jackie1112]

Thank you Jonhkent,

Since you also predict my number will probably become current next Jan, how do you think if I just leave the US back home at the end of this year without applying OPT? I will just wait till the interview because even I apply opt now, I still need to wait for 90 days. Sigh...my situation and timing is so complicated.

jackie1112

 

[Johnkent]

Thank you Jonhkent,

Since you also predict my number will probably become current next Jan, how do you think if I just leave the US back home at the end of this year without applying OPT? I will just wait till the interview because even I apply opt now, I still need to wait for 90 days. Sigh...my situation and timing is so complicated.

jackie1112

Nah, there's nothin wrong with ur timing. you should know in about 2wks if your number will be current in jan and if it is, then u can travel back home and do CP. thats much easier than AOS. Again, u need to understand that if u should be refused visa at home, u might not be able to get another F-1 visa but if you do apply for OPT and AOS, u can be working with ur OPT so that even if u don't get adjusted for some reason, u just fall back to ur F-1 Status. U have 2 great options, u can't beat that.

 

[m1rahim]

Jackie
first of all if you decide to do AOS
1) make sure you will be in status till your case become current- then you may apply for OPT because to do AOS you need to be in status- apply for OPT in December and do AOS-your OPT will be valid for a year and you will receive your permanent residency by September 30. By this time you can work with OPT (related to your major).
2) but If your case become current in January then you may not need OPT. Because usually after graduation you are allowed to stay up to two months (so far I think-ask school official- just ask them after graduation without OPT what is your legal status and how long that will be valid- make sure won’t be illegal till your case become current). – then with your AOS you can apply for EAD
3) finally I don’t think your school official is right about getting two EAD- because you are applying EAD in two different category –as F1 and intended immigrant residing USA.

If you decide to do CP- then you can go with/without any OPT –probably you will get interview in January. CP usually takes less time but if you don’t get it you will be in trouble. So if you are not graduating by December then do AOS (if you think you might get refused) .

 

[LucyMO]

immigration officers don't like it when somebody uses the 60-day grace period for applying for AOS. There is a perfectly legal way of obtaining OPT EAD - do it.

 

[Johnkent]

immigration officers don't like it when somebody uses the 60-day grace period for applying for AOS. There is a perfectly legal way of obtaining OPT EAD - do it.

Thats wtat i said. He would find it much easier having the OPT EAD in his hand when he decides on which route (CP or AOS) that he wants go take.

 

[jackie1112]

Thank you Johnkent, m1rahim and LucyMo!

I will take your guys suggestions to apply OPT and I decide to stick with my original plan going thru CP. I heard from an atterney saying there is a long queue for AOS right now. Since I don't have any illegal concern, I can just fly back to my country. Thanks again for your reply ;-)

jackie