F-1( OPT/EAD) expiring before EAD from I-485 comes

V

VPandey

Registered Users (C)
Hi,

My wife is working on F-1(OPT/EAD ) right now. I applied for her AOS( I-485) this month at california service center.

My wife's F-1(OPT/EAD) expires on July 18.
Based on the times required at CSC, I dont think she is going to get EAD from her AOS(I-485) by July 18th.

Does this means that she will be out of status after July 18th.

If yes, what should I do in order to prevent that from happening.

Should I file for H-4 for her?

Thanks,

VP
 
Once 485 is filed and you (and she) receive the 485 receipt notice the status is preserved.
Only problem is about employment authorization. If EAD is not approved by july 18, then it is better to be off the payroll and get back on payroll after getting the new EAD.
However by June19 it will be more than 90 days from the application of EAD. You can go to the nearest district office with receipts (485 and new EAD) and try to get an interim EAD, until regular EAD is approved... So she should be fine
 
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