Do we need to file I-765 and I-131

B

bhartiya_12

Registered Users (C)
I am a USC filing for my wife's GC based on marriage to a USC.

My wife is on F1(She has an F1 visa valid till July 2010 and is on OPT now as she finished her studies in Dec 08). She has the OPT EAD which is valid till early Jan 2010. She is trying to get a job and assuming she gets a job she should be able to travel outside the US with the employment letter and he valid F1 visa.

I will send I-130/485/G325A/I864 as required along with rest of the documents for her GC.

Do I need to file for I-765 and I-131 also or can she continue to use her FI-OPT EAD and the employment letter(assuming she gets a job) till Jan 2010 to work and travel?

I realize that if she does not get her GC by early 2010 then she will need to file for I-765 and I-131 for work and travel since her F1 OPT EAD will expire in Jan 2010.

Also if she stops working after 2009 is we have a child and her GC has not come by then does she still need to file for I-765 to get EAD to maintain status in the US even though she is not working or does having filed for 485(GC) constitute a status by itself which allows her to stay in the US till she gets her GC? I guess for traveling outside the country she will need I-131(Advance Parole) at that point for travel even though she is not working.

Thanks
 
There is no fee to apply for I-765 & I-131 if concurrently applied with I-485 (AOS).

I would recommend just apply for EAD & AP now as you are anyways consolidating all the docs, it will save you lot of hassle later in case you need EAD or AP at later date.
 
bhartiya_12 said:
assuming she gets a job she should be able to travel outside the US with the employment letter and he valid F1 visa.
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The F1 is incompatible with immigrant intent, which is abundantly present once the I-485 is filed. She should not leave the US without an approved Advanced Parole in hand.

Consider the F1 useless and gone once the I-485 is filed.
 
TheRealCanadian said:
The F1 is incompatible with immigrant intent, which is abundantly present once the I-485 is filed. She should not leave the US without an approved Advanced Parole in hand.

Consider the F1 useless and gone once the I-485 is filed.
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I have very similar situation...and i have a question.....

So....can F1 status still be used...and associated OPT or CPT...once 485 is filed.....i mean.....for work purpose...until one receives/gets approved EAD through 765.....can OPT/CPT ead be used??
 
l_0oio0_l said:
So....can F1 status still be used...and associated OPT or CPT...once 485 is filed.....i mean.....for work purpose...until one receives/gets approved EAD through 765.....can OPT/CPT ead be used??
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I don't see a problem with that, nor have I heard of USCIS having an issue with it. F1 status isn't automatically revoked once filing an I-485.
 
l_0oio0_l said:
I have very similar situation...and i have a question.....

So....can F1 status still be used...and associated OPT or CPT...once 485 is filed.....i mean.....for work purpose...until one receives/gets approved EAD through 765.....can OPT/CPT ead be used??
Click to expand...

Yes, you can use your OPT /CPT for work as you wait for your EAD based 485.

To the person who asked about travelling while on OPT based on F1, read that card carefully. It states that it doesn't guarantee re-entry. Get your advance parole for travel.
 
Definitely can use OPT after applying for AOS. I did. Then I switched to AOS EAD when OPT EAD expired.
You cannot travel on F-1 visa, though, after applying for AOS.
 
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