F1-OPT-EAD/I-485 Issue

The information provided by Murthy in the very first post above is, I venture to say, misleading if not outright wrong. By most interpretations of immigration law, a person will not automatically drop out of non-immigrant status by virtue of filing I-140/I-485. Attorney Murthy uses the words 'converts to an adjustment applicant'. This is misleading, because an "adjustment applicant" is not a status like the F-1 is, so you can't really convert from one to the other. In reality, you become both an adjustment applicant with an underlying status of F-1. What is true is that one becomes ineligible to extend/renew/be admitted to the US under F-1 (non-immigrant) status.

The hooyou.com link provided above is much more accurate.
 
Clarification...

ashirwadb and others,

Great discussion guys. Im in the same boat too where my wife is on F-1 (planning to apply for OPT based EAD). Im also filinfg for my AOS and am confused about whether I should apply for EAD based on AOS right now.

From the discussion it does appear that we may not want to confude USCIS by applying for 2 EADs (one now with 485) and another with OPT. Here are a few questions though

1) If I want to file for EAD based on 485 for my wife later, does the PD have to be current?

2) Basically, what Im thinking is that my wife can file for OPT based EAD now and then wait for 7-8 months and then file for AOS based EAD. Now, its likeley that the PD wont be current then for me. Just want to see if the EAD is based on the fact that 485 has been filed OR is it based on the PD?

-pakrish
 
Hey Ashirwadb

I have similar questions and was wondering what should i put in for Expires on when filling 485 of my wife.

Can you please tell me if you got your answer to your questions about the 485 and 131 application for spouse?

If you got answers, can you please share it?

-H
 
Ashirwaad and Others

We are also in similar condition

Myself as a F1 about to graduate in Dec 2007.

In July 2007, I applied for 485/EAD/AP as dependent of my spouse who is H1 and also applied together for 485/EAD/AP. We got the reciepts and also the EAD card and also got the first FP done recently. I have decided to forget about OPT-EAD and I am planning to use the 485-EAD card for employment.

My question is that
1) Can I still apply for H1-B Petition (in coming April2008) to keep a back-up incase of any rejections in the 485.
2) Does simply applying for new H1-B even when you are started on 485-EAD invalidates your I485 application.
3) What are chances of such H1 to get approve knowing that the applicant is already going AOS.

My plan is incase the 485 gets rejected in near future, I can use valid H1 petition and re-enter after getting it stamped from outside the US.


Any suggestions or information appreciated.
 
We are also in similar condition

My question is that
1) Can I still apply for H1-B Petition (in coming April2008) to keep a back-up incase of any rejections in the 485.
Yes
2) Does simply applying for new H1-B even when you are started on 485-EAD invalidates your I485 application.
No, H1-B allows dual intent. thats how your spouse could file for AOS in the first place.
3) What are chances of such H1 to get approve knowing that the applicant is already going AOS.
Not sure. If someone knows about this, I'd be happy to know.
My plan is incase the 485 gets rejected in near future, I can use valid H1 petition and re-enter after getting it stamped from outside the US.
Any suggestions or information appreciated.
Sounds like a plan. Remember though, if you ever use AP to re-enter and then get H1-B approved/extended, AP is automatically terminated. Not sure about EAD though.

Now, one thing that I and many lawyers arent sure about is the status after AOS is filed while on F1 status. Some say its AOS pending (because clash of intent terminates F1 status) while the others say its still F1. And thats because there is no rule/memo addressing this scenario. So I am not sure what the status is if a person has graduated, has AOS filed and hasnt yet started working on AOS EAD. anyone with pointers to appropriate ruling/doc would be helpful.
 
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Oh.. So you mean to say, even if I start using AOS-EAD now, I can still apply for H1 (in April2008).. Dont know if it gets approved or not... But for sure it will not invalidate the ongoing AOS-485 application (even incase H1 gets approved)..

I am thinking of using the backup H1 only in the case if something goes wrong with 485 application otherwise keep continuing working on AOS EAD ..

For your question about F1 status, I believe you maintain your status until you have a F1 even if you have applied for AOS 485 and EAD (provided you haven't started working on AOS-EAD. Once you graduate, you anyway are no more maintaining F1 and are purely "pending AOS" status.. so no worries as far as i understand this..
 
I am Ph.d student.

I am currently on F-1 status.

I got merried to US Citizen on May 27, 2011.

I applied for I-485, I-765 and I-130 all together

And I got the receipt and date for biometrics on Aug 02, 2011.

My question is that I don’t want to register for my Fall semester which is going to start on Aug 27, 2011.

If I don’t register for Fall Semester, Will I be in Status or out of status. and the reason is that, i don't have enough fee for Fall semester.

Will it affect my green card process or green card interview.

I will really appreciate your reply.
 
If I don’t register for Fall Semester, Will I be in Status or out of status. and the reason is that, i don't have enough fee for Fall semester.

Will it affect my green card process or green card interview.

You will still be legally present (but obviously not F-1 status) if you don't register for classes next semester. It's not likely to cause a problem for your green card process, unless you've been studying for less than a year when you quit.

You should also take the I-485 receipt and go to the school and tell them to update your status accordingly. Do that and they would remove you from the SEVIS system. Otherwise your failure to register for classes could raise an alarm in SEVIS which triggers ICE agents to show up at your door, like what happened to this guy: http://forums.immigration.com/showthread.php?326101
 
Hello, I have recently applied for a new EAD through my F-1 visa. My current EAD expires on April 23rd and the new one starts on April 24th. Towards the end of this month, I'm intending to file I-485. From what I read in this forum, my F-1 status continues until I get my green card. Does this mean that I can also continue working under my NEW EAD card, whose date will begin while my I-485 is pending?
 
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