• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

F-1 student, OPT and AOS

Bramb90

Bramb90

Member
Hello, I am a lucky winner of the 2014 diversity lottery. I am currently a student on an F-1 visa, working on OPT and I'm applying for AOS. I read plenty of other posts, but I couldn't find an answer.
I know it's a little early but my current EAD will expire next April and I noticed that one of the required applications is the I-765 form to obtain an EAD. I'm not sure if my school will allow me to apply for a new EAD 90 days before its expiration, but let's say I do apply for a replacement EAD towards the end of January(90 days prior to the end of April) and my number becomes current around March. At that point, I will have to submit the I-485 form along with the other documents including the I-765 form. Will I encounter problems by doing so? In other words, if I submit the I-765 in January and another one in March, USCIS will receive 2 applications for 2 different cases. What would happen? Do you think it'd be a better idea not to apply for a new EAD through my F-1 visa and wait to submit the I-765 when my number becomes current? I know it doesn't really make sense, but I am thinking about the worst case scenario, that is being denied a GC.
Also, just to get a clearer understanding, why is it required to submit the I-765 form? I know it's what gives you authorization to accept employment, but why is the EAD necessary if you get a GC at the end?

I already ordered the I-485 package and the I-864 form( Affidavit of Support) is also included. Am I required to submit this form?

Hope this wasn't too confusing!
 
AOS DV applicants are not required to file form I-765 with the I-485, EAD application is optional. Also, form I-864 is not applicable to DV AOS applicants. You can use the other Affidavit of Support form (I-134, I believe) in its place.
 
Sm1smom said:
AOS DV applicants are not required to file form I-765 with the I-485, EAD application is optional. Also, form I-864 is not applicable to DV AOS applicants. You can use the other Affidavit of Support form (I-134, I believe) in its place.
Click to expand...

Oh ok! Perfect, that makes things much easier. Why do people apply for EAD though? Is it because that way they can start working while they're waiting for the GC? Just curious.
 
Yeah, you got that right. Some DV AOS applicants previously on some sort of work restrictive visas apply for EAD for the possibility of taking on a job offer immediately while their GC application is pending. It also comes in handy should one's GC application be put under AP, it enables them to work pending the outcome of the AP situation, but that's very rare.

Then there are those who apply for it just because the EAD application fee is waived (just like the I-131) when sent in with an I-485 package.
 
Sm1smom said:
Yeah, you got that right. Some DV AOS applicants previously on some sort of work restrictive visas apply for EAD for the possibility of taking on a job offer immediately while their GC application is pending. It also comes in handy should one's GC application be put under AP, it enables them to work pending the outcome of the AP situation, but that's very rare.

Then there are those who apply for it just because the EAD application fee is waived (just like the I-131) when sent in with an I-485 package.
Click to expand...

So if I were to send the I-765 along with the I-485 application in March for example, is it a possibility that I could receive an EAD while waiting for an interview? Would this cause problems with my F-1 visa since I would be working with an EAD related to a different visa? Thank you so much for all the information!
 
Yes, you will most likely receive an EAD before your GC if you include an I-765 with your I-485. You however run the risk of losing your F1 status, if for some strange reason, your GC application is not successful. Once you use the GC based EAD card you invalidate F1 status. Most F1 DV selectees doing AOS have generally stayed away from including the EAD form with their I-485 application.

Bramb90 said:
So if I were to send the I-765 along with the I-485 application in March for example, is it a possibility that I could receive an EAD while waiting for an interview? Would this cause problems with my F-1 visa since I would be working with an EAD related to a different visa? Thank you so much for all the information!
Click to expand...
 
Ok I won't send in the I-765 form then. I don't want to risk and have my F-1 visa terminated!

You mentioned the I-134 form earlier. Is it required? Could a letter from my job be sufficient to prove that I won't be a public charge?
 
The letter from your job, copies of recent pay stubs/slips, in addition with W2s will probably suffice. But if you can find someone to fill out an I-134 for you, I recommend you get it. It's better to be over prepared than to be caught off-guard.
 
Since I am a student here I don't really have a huuuge balance on my bank account. The money my parents send to me and the money I make at work pretty much all go to pay off college tuition. Do I need to show that I have a sufficient balance at the interview?
 
Bramb90 said:
Ok I won't send in the I-765 form then. I don't want to risk and have my F-1 visa terminated!

You mentioned the I-134 form earlier. Is it required? Could a letter from my job be sufficient to prove that I won't be a public charge?
Click to expand...

I want to note that there is NO POINT in NOT applying for the I-765 for EAD and I-131 for advance parole.
1. It's free.
2. Even if you get it, you don't have to use it. So you got nothing to lose.
And you don't "lose your F1 status" just because you got an EAD. Only if you do something that is not allowed under the F1, like working outside your major, or exceeding the number of days of unemployment under OPT. If you keep following the rules of OPT, and don't use the EAD, your existing status will continue to be valid until it would have originally expired.
 
Bramb90 said:
Since I am a student here I don't really have a huuuge balance on my bank account. The money my parents send to me and the money I make at work pretty much all go to pay off college tuition. Do I need to show that I have a sufficient balance at the interview?
Click to expand...


For the DV lottery you just have to satisfy them that you won't become a public charge. Between work and your parents you are already surviving in the USA - so they won't expect you to show that you have additional savings as well. It might be good to have a letter from your parents that they will continue to support you and also have a think about how you will survive after your studies.
 
Having an EAD for a student (F1) is a privilege that have requirements dependent on a non-immigrant visa F1 itself.
Applying for and getting an EAD based on being a DV lottery selectee is a different story because it is dependent on an immigrant visa DV application and therefore have different rules and requirements.

If a student already have an EAD based on their F1 visa then the best thing to do is to keep that one and make sure to stay in conformity of the F1 status.

If a student have an EAD through F1 and got selected for DV and sent the application in and got another EAD (based on the DV application) then this might cause problems because at this point the person is being employed using an EAD that was granted based on an immigrant application that is still in process...so from the point view of an immigration officer you technically abandoned your F1 status.

You cant be on a non-immigrant visa and have a privilege of an EAD based on an immigrant visa. You cant be an immigrant and a non-immigrant at the same time....There are alot of grey areas in the immigration law so DONOT fall in the cracks.

If a student doesn't have an EAD and is still in valid F1 and got selected for DV then its best not to apply for that EAD and wait for the GC to start working.

the whole point of being able to send the I-765 with the I-485 because in most cases (99% i would say ) these applications are either adjustments of status through marriage or asylum or some other way that take months if not years to actually give the applicant a decision. Therfore during this processing time they are allowed to work with an EAD.

For DV cases the actual processing time is very short therefore applying for an EAD isn't really gonna give much of time benefit.
 
You must log in or register to reply here.
Top