Couple of questions regarding switching from OPT to Green Card

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rav1080

Registered Users (C)
Couple of questions regarding switching from OPT to Green Card

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Hello,

I'm currently on OPT and am filling for green card (got married last week). I'm uncertain about a couple of things and was hoping someone could guide me.

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On the 1-765 form, at the very top, it says:

I'm applying for (1) permission to accept employment (2) replacement (3) renewal of permission to accept employment.

I'm not sure if I need to check (1) or (2), since I currently have an EAD card (OPT) but this new filing is not based on OPT.

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On the form I-485, which box do I need to check for the question...

I'm applying for an adjustment to permanent resident because:

This seems the most apt: [a] an immigrant petition giving me an immediately available immigrant visa number has been approved.

Of course, I'm filing I-485 and I-130 together, so it has not been approved yet...but nothing else seems to fit the description

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On the form I-485, what does the question, "Were you inspected by a US immigration officer" mean? Does it just mean that someoen stamped my visa?

The next question asked is: Nonimmigrant visa number
Also, where's the nonimmigrant visa number located?

I came to the US on a L-2 visa, and subsequently switched to F-1 (but have not travelled out of the US since, so that visa is not in the passport but a seperate notice--which should I mention? the F-1 notice or the L-2 visa that was stamped the last time I entered.

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How does the advance parole document work? Is it a safe way to enter and leave the country or is there an element of doubt (i've never been out of status). Is it issued for one trip or many?

Also, theres a line that says "Class of Admission" (Part 1, box 3)...not sure what that means?

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Thank you very much for your help!
 
I went through that process a couple of years ago and the details are a little fuzzy but I remember filing only the I-485 +I-130. (I am not sure why you would file I-765 if you already have your OPT card). My husband and I worked with a local non-for-profit org who helped us decipher the legal jargon. My advice is to look up and see if there is any legal aid available in your area who could help you file (if money is not an issue, hire a lawyer). Everyone's circumstances are a little different, so I would suggest looking up professional help.
In regards to your specific questions:
1) I would say you need to check box a (it says attach a copy of a....relative...petition filed with this application that will give you an immediately available visa number if granted)
2) Were you inspected by a US immigration officer - yes, the person who stamped your passport and checked your visa and other docs is the immigrations officer
3) L-2 vs F-1, my opinion is that you need ot list your most recent immigrations status, i.e. F-1. The nonimmigrant visa # is the # on the visa that granted you the f-1 status. I came on F-1 and I had one in my passport. Since you were L-2 first, I am not sure how that plays out, do you have a physical visa stamped in your passport?

Good luck!

Again, this is based on experience from 3 years ago, so things might have changed. Look up a lawyer/legal aid - it will save you a huge headache.
 
How does the advance parole document work? Is it a safe way to enter and leave the country or is there an element of doubt (i've never been out of status). Is it issued for one trip or many?
Click to expand...
AP does not guarantee your entry to the US. It simply gives you an opportunity to ask for a permission to enter.
 
rav1080 said:
How does the advance parole document work? Is it a safe way to enter and leave the country or is there an element of doubt (i've never been out of status).
Click to expand...
It is not 100% safe ... nothing except citizenship is a 100% guarantee of being able to return to the US. But if you don't have any out of status issues (including violations of status like working off campus without authorization) or a criminal record, and you adhere to the conditions of Advance Parole (don't leave the US before it is approved, and return before it expires), you'll almost surely be let back into the US as long as your I-485 is not denied.
 
Jackolantern said:
It is not 100% safe ... nothing except citizenship is a 100% guarantee of being able to return to the US. But if you don't have any out of status issues (including violations of status like working off campus without authorization) or a criminal record, and you adhere to the conditions of Advance Parole (don't leave the US before it is approved, and return before it expires), you'll almost surely be let back into the US as long as your I-485 is not denied.

However, is there something else going on that made you switch from L-2 to F-1? You can study or get an EAD to work with an L-2. Some states even allow you to pay in-state tuition rates at their universities if you have L-2 (or H-1 or H-4 or L-1) status. So what's the reason for the F-1?
Click to expand...

L-2 is a dependant visa, based on L-1 that my father had when he was working here before he decided to move back. So, I switched to F-1!
 
I was an F1 on OPT when I did my AOS, my case is approved, I just haven't updated my signature... will try to answer yr qs. You don't need a lawyer, you can do this yourself!

On the 1-765 form, at the very top, it says:
I'm applying for (1) permission to accept employment (2) replacement (3) renewal of permission to accept employment.
I'm not sure if I need to check (1) or (2), since I currently have an EAD card (OPT) but this new filing is not based on OPT. Choose 1, permission to accept employment even though you currently have EAD. That one is based on F1, this is 485 based.

On the form I-485, which box do I need to check for the question...
I'm applying for an adjustment to permanent resident because:
This seems the most apt: [a] an immigrant petition giving me an immediately available immigrant visa number has been approved - is your option.

On the form I-485, what does the question, "Were you inspected by a US immigration officer" mean? Does it just mean that someoen stamped my visa? Your answer is yes. No is for those pple that come via the backdoor.

The next question asked is: Nonimmigrant visa number
Also, where's the nonimmigrant visa number located? It is located on your visa i.e. if you have one.
I came to the US on a L-2 visa, and subsequently switched to F-1 (but have not travelled out of the US since, so that visa is not in the passport but a seperate notice--which should I mention? the F-1 notice or the L-2 visa that was stamped the last time I entered. If I were you, I'd present myself as F1 and give the F1 visa no. if it is available on that notice you are talking about. Carry it with you to the interview...

Also, theres a line that says "Class of Admission" (Part 1, box 3)...not sure what that means? It is L2.

How does the advance parole document work? Is it a safe way to enter and leave the country or is there an element of doubt (i've never been out of status). AP is good if you haven't been out of status... it is a long story, google this site you will find more info. Is it issued for one trip or many? It depends on how many you want and what you state on the AP application. It is safer to say 'many'.
 
Great, thanks a lot for your helpful answers!! I'll probably be done with the paperwork this weekend. Most of the questions are simple--just takes a while to fill everything out.

One other question--what date do I put for the question..."Date authorized stay expired or will expire as shown on Form I-94 or I-95"? Mine don't have any expiration dates on it. Do I put June 30th as written on the OPT employment card?
 
rav1080 said:
Great, thanks a lot for your helpful answers!! I'll probably be done with the paperwork this weekend. Most of the questions are simple--just takes a while to fill everything out.

One other question--what date do I put for the question..."Date authorized stay expired or will expire as shown on Form I-94 or I-95"? Mine don't have any expiration dates on it. Do I put June 30th as written on the OPT employment card?
Click to expand...

As an F1, your expiration is D/S
 
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