F-1/EAD filing AOS

T

thomas_psu

Registered Users (C)
I have a fairly straightforward question. I am currently on F-1 (on EAD which expires October 15th, 2009). I have filed for AOS (on sept 28th, 2009) based on marriage to a US citizen. My question is this: since my EAD expires would it be considered overstay/illegal stay when I go for the GC interview.

I am assuming that since the AOS has been filed I can stay "legally" till a decision is made on the application of AOS. Is this correct? Thanks for any help.
 
Hi I have a question that is related to this thread so please help me. I am also a F1 student with EAD and already filed AOS marriage based. My EAD card will expires 06/24/2010 but the 90 day employment for student already ran out. Can I still work in the US legally using the EAD card I have now or I have to apply for a new card? Thank you so much.
 
Is your EAD based on your F-1/OPT or based on (c) (9) [i.e., based on AoS/I-485 filiing].

Either way, I think the bottom line is that if your EAD is current you can work.
 
LBL said:
Hi I have a question that is related to this thread so please help me. I am also a F1 student with EAD and already filed AOS marriage based. My EAD card will expires 06/24/2010 but the 90 day employment for student already ran out.
Click to expand...
You mean the 90-day unemployment rule, which says you cannot be unemployed for more than 90 days with F1-OPT? If you have exceeded the 90-day limit, your OPT EAD is no longer valid, and you need to wait for the AOS EAD (and apply for it now if you haven't already done so!).
 
Last edited by a moderator:
So just to clarify. If the 90 day unemployment period has passed before the AoS was filed does it mean the status was illegal in the intervening period?
 
Jackolantern said:
You mean the 90-day unemployment rule, which says you cannot be unemployed for more than 90 days with F1-OPT? If you have exceeded the 90-day limit, your OPT EAD is no longer valid, and you need to wait for the AOS EAD (and apply for it now if you haven't already done so!).
Click to expand...

I'm 99% positive it won't happen. I applied for EAD while my other EAD was will valid. Guess what? CIS first refused to send me new EAD. After fighting with CIS about the matter (including the help from senator) they sent me EAD with the start date NEXT DAY after the old one expiration date. :D
 
I am still confused about unemployment and EAD. So the end date on the EAD does not mean anything if you are not employed?
 
thomas_psu said:
So just to clarify. If the 90 day unemployment period has passed before the AoS was filed does it mean the status was illegal in the intervening period?
Click to expand...
The person would be out of status during that time. Which generally isn't a problem if the AOS is based on marriage to a USC. Assuming he/she didn't get caught and put into removal proceedings during that out of status period, of course.
 
kittenKat said:
I'm 99% positive it won't happen. I applied for EAD while my other EAD was will valid.
Click to expand...
You had an OPT EAD, and then applied for an AOS EAD?
Guess what? CIS first refused to send me new EAD. After fighting with CIS about the matter (including the help from senator) they sent me EAD with the start date NEXT DAY after the old one expiration date. :D
Click to expand...
When you applied for the AOS EAD, did you select the checkbox "Permission to accept employment", or "Renewal of my permission to accept employment"? You should have picked the first choice, if your prior EAD was F-1/OPT.
 
Jackolantern said:
did you select the checkbox "Permission to accept employment"
Click to expand...

This one. Like the EAD would be the new one... But they still send me the new one, which started only 3 or 4 months later (when the old one expired). By that time I already had my interview approved... CIS is just SO WEIRD. I think they have no common sense sometime...
 
I filed AOS before my 90 days unemployment ran out. My current EAD is based on OPT and the 90 day unemployment has already passed so I need to apply for a new EAD that is based on AOS? Do I have to pay the filing fee for this new EAD if I already filed for AOS? Do I check the box "Permission to accept employment", or "Renewal of my permission to accept employment"? Thank you for your help.
 
Last edited by a moderator:
LBL said:
I filed AOS before my 90 days unemployment ran out. My current EAD is based on OPT and the 90 day unemployment has already passed so I need to apply for a new EAD that is based on AOS?
Click to expand...
Yes.
Do I have to pay the filing fee for this new EAD if I already filed for AOS?
Click to expand...
The cost of the EAD and AP is already included in the AOS fee. No additional fee required for EAD (assuming for AOS you filed recently, and not before the summer 2007 fee structure changes).
Do I check the box "Permission to accept employment", or "Renewal of my permission to accept employment"?
Click to expand...
Permission to accept employment.
 
Jackolantern, Thank you so much for your help. As you know the OPT EAD only allows me to accept jobs that are related to my major. I assume that the new AOS OPT would not have the same restriction, is that correct? Thank you.
 
Hi Guys,

I am in the same boat with F1/OPT EAD expired with AOS filed. However, i mistakenly choose the option to renew EAD. What do you suppose will happen to my application? I filed like a week ago
 
You must log in or register to reply here.
Top