DV 2015 AOS Only

[Sm1smom]

As mentioned above, it is unlikely that an EAD/OPT extension will be granted in your specific circumstances, beyond your actual OPT expiration date 02/14/2015. You will remain in status based on your AOS application, presuming you follow respective application timing requirements. Personally, I would not even try to mix AOS and OPT/EAD extension matters, due to real possibility that this may seriously mix up your DV case - your choice. Good luck!

No one is suggesting the OP should mix up OPT extension with an AOS application. I made it perfectly clear that even if the OP was entitled to OPT extension, the fact that an immigrant intent as been displayed makes it impossible for such an application to be approved. An AOS based EAD application is not an OPT extension application.

 

[Sm1smom]

Exactly. I was about to say that.

Mom, Parvin is current in October - which means if he files now he has almost 7 months to get his case through. Am I missing the point here - shouldn't he just get on with the I485???

No you're not missing anything. He/she is simply looking at the possibility of the AOS application not being adjudicated before OPT expiration. I understand the concern as one cannot completely rule out the possibility of an unusually long delay, even though we all believe it shouldn't take more than 3, maybe 4 months maximum for the case to be adjudicated. But we're talking about USCIS, so one can never be certain.

 

[EURO2014]

Let's get the facts straight please. No where in my post did I suggest you get an OPT extension. Applying for a DV based EAD card IS NOT an application for OPT extension!

Absolutely, Sm1smom, well understood. My comments, on the other hand, solely referred to OPT based EAD card extension, as her/his postings seemed to revert back to this point. I believe my earlier advice in terms of not trying to mix AOS and OPT cases is therefore sound and in no way in contradiction to your advice above. Best!

 

[Parvin]

I know it is not an application for OPT!! But, if I include the I_765 form by selecting the renew authorization option in this form, does it mran that I am applying for OPT extention?

 

[Britsimon]

No you're not missing anything. He/she is simply looking at the possibility of the AOS application not being adjudicated before OPT expiration. I understand the concern as one cannot completely rule out the possibility of an unusually long delay, even though we all believe it shouldn't take more than 3, maybe 4 months maximum for the case to be adjudicated. But we're talking about USCIS, so one can never be certain.

How true.

 

[Sm1smom]

I know it is not an application for OPT!! But, if I include the I_765 form by selecting the renew authorization option in this form, does it mran that I am applying for OPT extention?

Why will you choose the Renew Authorization option? This is why you're getting yourself confused inspite of everything we've posted in the last couple of minutes. The option you should be selecting is "Permission to accept employment" This is a completely different application for goodness sake, it does not matter that you currently have an OPT/EAD card.

 

[Parvin]

So what does it do exactly? "Permission to accept employment"???

 

[Parvin]

Is this the one I have already filled out before in order to get my OPT card at first point? Are you guys are trying to explain to me to include this one with my application because I am applying for AOS based on my EAD card? And if I decide to apply for OPT extention, I need to go through different process like the what I have done for my first OPT card???

 

[Parvin]

I guess I need to mention that I already have a job and I dont want to loose it. So, in my case, you are suggesting me to do Dv based on my EAD card and requestind a permission for employment, but I dont think they will do because they already issued EAD card a couple of month ago, why would they approve to giving me another one?

 

[Parvin]

If I" ll go for AOS with NOT based on EAD card, it is written in my last I_20 that I am currently on post completion status!!!!@

 

[Parvin]

Could you please clarify what would be the difference between DV based EAD card and not based on this???
If I go with not based on EAD card, would I be out of status after my gradution time? Which was on May 2014.

 

[Sm1smom]

So what does it do exactly? "Permission to accept employment"???

Is this the one I have already filled out before in order to get my OPT card at first point? Are you guys are trying to explain to me to include this one with my application because I am applying for AOS based on my EAD card? And if I decide to apply for OPT extention, I need to go through different process like the what I have done for my first OPT card???

I'm honestly becoming tired of this EAD discussion. You really need to pay attention and try to understand the responses you're getting. It does not appear to me like you're taking your time to digest what we've been saying.

For the last time, YOU ARE NOT APPLYING FOR AOS BASED ON YOUR EAD CARD. As a matter of fact, the application you're sending in to the Chicago Lockbox has ABSOLUTELY NOTHING to do with your current EAD card! So if you want an EAD card as a back up option to enable you to keep working if your current OPT EAD card expires before your AOS application is adjudicated, then fill out a completely new form I-765 and select Option 1 - Permission to take up employment.

 

[Sm1smom]

I guess I need to mention that I already have a job and I dont want to loose it. So, in my case, you are suggesting me to do Dv based on my EAD card and requestind a permission for employment, but I dont think they will do because they already issued EAD card a couple of month ago, why would they approve to giving me another one?

If I" ll go for AOS with NOT based on EAD card, it is written in my last I_20 that I am currently on post completion status!!!!@

Parvin,

Yes, we know you already have a job, and everything we're telling you is with that information in mind. You're not the first person on OPT going through this process and who had to include a new EAD application with their package. So we're highly knowledge in what you're telling you, but it somehow isn't getting through to you.

Could you please clarify what would be the difference between DV based EAD card and not based on this???
If I go with not based on EAD card, would I be out of status after my gradution time? Which was on May 2014.

A DV/AOS based EAD is an employment authorization card that enables you to work on the basis of being in the process of status adjustment. Your current OPT EAD is a different form of EAD card, it is also an employment authorization card BUT it is based on your current F1 visa status. They are 2 completely different things.

If at the end of all this, you're still confused, or it seems to you like we're trying to jeopardize your status, then you need to consult an immigration attorney to help you sort things out.

 

[Parvin]

I am so sorry to do this to you.
I did my best to understand your words.

Now I understood you are talking about requesting different card. Well, I didn't know it before.
Here It says:
What if I already have an EAD or an Advance Parole document?A7. If your Advance Parole document and EAD card have different expiration dates, you may only receive this card if both documents have less than 120 days of validity left, or if the EAD has less than 120 days of validity left and the Advance Parole document is for a single entry only. If you decide to file for this card by filing Forms I-765 and I-131 simultaneously, do not apply more than 120 days before your current EAD expires. The validity period for the EAD and Advance Parole card will begin on the date of the adjudication of the Forms I-765 and I-131



Am I still eligible to request a new card?

 

[Parvin]

Thanks so much for all your help and clarification.

In order to get this card, do I need to include my OPT card?

 

[Parvin]

I feel better now. I think If they issue me this card, there is no need to apply for extension of OPT card, right??? OMG, I guess, now I am understaning all your previous posts. Sorry, I did know nothing about exsiting this kind of card?

 

[Parvin]

I guess I do not need to file I_131 form, right?
Thanks.

 

[Sm1smom]

I am so sorry to do this to you.
I did my best to understand your words.

Now I understood you are talking about requesting different card. Well, I didn't know it before.
Here It says:
What if I already have an EAD or an Advance Parole document?A7. If your Advance Parole document and EAD card have different expiration dates, you may only receive this card if both documents have less than 120 days of validity left, or if the EAD has less than 120 days of validity left and the Advance Parole document is for a single entry only. If you decide to file for this card by filing Forms I-765 and I-131 simultaneously, do not apply more than 120 days before your current EAD expires. The validity period for the EAD and Advance Parole card will begin on the date of the adjudication of the Forms I-765 and I-131



Am I still eligible to request a new card?

Yes, you are eligible to request for a new card. That FAQ you quoted above is not applicable to your case.

 

[Sm1smom]

Thanks so much for all your help and clarification.

In order to get this card, do I need to include my OPT card?

Yes, you need to include a copy of your current EAD/OPT card. However, you're not including it in order to get a new EAD card, you are including it as EVIDENCE of your current status.

 

[Sm1smom]

I feel better now. I think If they issue me this card, there is no need to apply for extension of OPT card, right??? OMG, I guess, now I am understaning all your previous posts. Sorry, I did know nothing about exsiting this kind of card?

HA! Light bulb moment!!!

I believe unless you're a STEM degree holder, or qualify for a H1B Cap Gap Extension, you're not eligible for OPT extension, so forget about OPT card extension and stop bringing it up in this discussion. Bacially, YOU ARE NOT EXTENDING YOUR CURRENT OPT/EAD CARD.

I guess I do not need to file I_131 form, right?
Thanks.

You only need to include form I-131 if there's a possibility of you traveling out of the US while your AOS application is pending. If you have no plans of leaving the US during the process, you do not need to include for I-131 with your package.

Also note, if you include form I-131 and it get's approved, and you travel out of the US and then use the card to return, you are automatically no longer in F1/OPT status, your new status becomes adjustment of status pending. Of course you can keep working with your current OPT in that situation, however if the adjustment application is denied, then you can no longer continue working even if your OPT card hasn't expired, because you're no longer in F1/OPT status