F1 Student now on OPT, marrying a USCitizen

Actually...after reading this...http://www.hooyou.com/f-1/140filing.htm

It is a very grey area...normally the person can continue working in the EAD/OPT if the school does not ask if the person file for AOS. Which then is contrary what should be the obligation of the student in the first part that anyway all students should report extension of status, change of status...etc.

Well, the EAD is not that terminates per se since has an expiration date but is based in the person's F1 program/whatever status. For example, a person in pending adjustment of status could have a valid EAD but if the application is denied then the EAD is not longer valid even is unexpired.

At the end every person can interprets this part of the law in different ways and can come up with several conclusions.
 
Homermn2001 said:
Without seeing the applicable CFR reflecting this, I cannot assume that the EAD automatically terminates.
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Under Section 214(b) of the Immigration and Nationality Act, (Act), most nonimmigrants who apply for adjustment of status to that of permanent residents of the United States are presumed to be intending immigrants and, therefore, are no longer eligible to maintain nonimmigrant status.

This means that F-1 is no longer valid when one applies for AOS. Since you did not reply, I assume you are talking about OPT in all your posts. OPT requires the applicant to be in a valid F-1 status for the duration of the OPT. If F-1 is invalid, so is the OPT. It is my interpretation from the above CFR and to me, it is pretty self-explanatory eventhough it is not clearly stated. You have to understand that a lot of USCIS laws and regulations fall in the gray area and are subjected to different interpretations. You should also understand that they are not written in stone and are constantly being changed. I have repeated the above enough and have nothing more to say.
 
This is as per Attorney Murthy

Chat User : What will be the status of an F-1 candidate after filing I-485? Can I maintain F-1 status and obtain OPT and CPT after filing I-485? Thanks.

Attorney Murthy : No. Once a person on F-1 status has filed the I-485, the F-1 status is over, unlike those on the H1B or L-1 and their dependents. So no more OPTs or CPTs, etc, since all of those are incidental to the F-1, which can no longer coexist with the I-485. So only the EAD incidental to the I-485 is allowed to be used for employment purposes.

http://www.murthy.com/chatlogs/ch011705_P.html
 
Fair enough, I find it odd however, that the USCIS doesn't demand the return of the EAD card after the application for the I-485 is received. But, I am sure that is the least of the USCIS's concerns.

QUOTE=ari4u]This is as per Attorney Murthy

Chat User : What will be the status of an F-1 candidate after filing I-485? Can I maintain F-1 status and obtain OPT and CPT after filing I-485? Thanks.

Attorney Murthy : No. Once a person on F-1 status has filed the I-485, the F-1 status is over, unlike those on the H1B or L-1 and their dependents. So no more OPTs or CPTs, etc, since all of those are incidental to the F-1, which can no longer coexist with the I-485. So only the EAD incidental to the I-485 is allowed to be used for employment purposes.

http://www.murthy.com/chatlogs/ch011705_P.html[/QUOTE]
 
With US immigration... everything has to do with intent... and it plays a very big role on how applications are adjudicated :)
 
ari4u said:
This is as per Attorney Murthy

Chat User : What will be the status of an F-1 candidate after filing I-485? Can I maintain F-1 status and obtain OPT and CPT after filing I-485? Thanks.

Attorney Murthy : No. Once a person on F-1 status has filed the I-485, the F-1 status is over, unlike those on the H1B or L-1 and their dependents. So no more OPTs or CPTs, etc, since all of those are incidental to the F-1, which can no longer coexist with the I-485. So only the EAD incidental to the I-485 is allowed to be used for employment purposes.

http://www.murthy.com/chatlogs/ch011705_P.html
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This is great, I'm glad to know about this. Thank you!
 
You know what is even more funny? There is an "A" number that you get on the OPT EAD. I entered that on the form when I applied for AOS while still on OPT. They sent me the receipt notice for my EAD application (AOS EAD) showing the same OPT EAD "A" number and the 485 showing the new AOS "A" number until they fixed it when I went to get my fingerprinting and biometrics done. So I wonder if they care about your old EAD's at all. Not much different when I went for the interview this week. The guy who talked to us neither took my old EADs or the AP that I had with me. He just made a copy of the AP and gave it back to me. Oh well!

Homermn2001 said:
Fair enough, I find it odd however, that the USCIS doesn't demand the return of the EAD card after the application for the I-485 is received. But, I am sure that is the least of the USCIS's concerns.

QUOTE=ari4u]This is as per Attorney Murthy

Chat User : What will be the status of an F-1 candidate after filing I-485? Can I maintain F-1 status and obtain OPT and CPT after filing I-485? Thanks.

Attorney Murthy : No. Once a person on F-1 status has filed the I-485, the F-1 status is over, unlike those on the H1B or L-1 and their dependents. So no more OPTs or CPTs, etc, since all of those are incidental to the F-1, which can no longer coexist with the I-485. So only the EAD incidental to the I-485 is allowed to be used for employment purposes.

http://www.murthy.com/chatlogs/ch011705_P.html
Click to expand...
 
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sgsnathan said:
You know what is even more funny? There is an "A" number that you get on the OPT EAD. I entered that on the form when I applied for AOS while still on OPT. They sent me the receipt notice for my EAD application (AOS EAD) showing the same OPT EAD "A" number and the 485 showing the new AOS "A" number until they fixed it when I went to get my fingerprinting and biometrics done. So I wonder if they care about your old EAD's at all. Not much different when I went for the interview this week. The guy who talked to us neither took my old EADs or the AP that I had with me. He just made a copy of the AP and gave it back to me. Oh well!
Click to expand...

I agree USCIS is confusing best at times. The A# issued with the F-1 EAD is only a receipt/case number for USCIS reference. It is not the same as the A# issued with the I-485. The A# issued with the I-485 EAD sticks with you for the rest of your life whereas the A# issued with your OPT EAD expires with your OPT.
 
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