I am on H1 and AOS and already received the EAD. My wife is graduating and has applied for the EAD for OPT, but before the OPT got approved, the CPT ended, so she had to use the AOS EAD. My question is, after the OPT is approved, can she switch back from AOS EAD without any problem? Thanks so much for the help.
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Help please!
- Thread starter pharmboy
- Start date
what is CPT?
pharmboy -
"...but before the OPT got approved, the CPT ended..."
What is CPT? Do you mean OPT? If so, I don't understand how OPT could end before it is approved by USCIS? Please explain.
My question to you, would be why she wants to apply for OPT based EAD? Employment Authorization Document, which is issued based on OPT, is not renewable and vaild for only one year. I think it makes more sense for her to apply for EAD as an AOS adjustee. AOS based EAD can be extended on a yearly basis until your I-485 is adjudicated. To me, it makes more sense to have her apply for EAD based on your AOS status.
Any other suggestions folks?
Japanese
pharmboy -
"...but before the OPT got approved, the CPT ended..."
What is CPT? Do you mean OPT? If so, I don't understand how OPT could end before it is approved by USCIS? Please explain.
My question to you, would be why she wants to apply for OPT based EAD? Employment Authorization Document, which is issued based on OPT, is not renewable and vaild for only one year. I think it makes more sense for her to apply for EAD as an AOS adjustee. AOS based EAD can be extended on a yearly basis until your I-485 is adjudicated. To me, it makes more sense to have her apply for EAD based on your AOS status.
Any other suggestions folks?
Japanese
CPT = Curriculum Practical Training, and OPT = Optional Practical Training.
If I remember right (it's been a long time since I graduated), you could apply for CPT before you graduated for something like say a summer internship, while you applied for the OPT, which is for a maximum of one year usually used after course requirements were complete.
However, I agree with your suggestion, as (again, if I remember right), an individual can only get a maximum of one year of OPT throughout his lifetime.
That being said, there are tax benefits to extending your F1 status (i.e., being on the OPT), since as an F1 holder, you are exempt from SS/medicare taxes.
K
If I remember right (it's been a long time since I graduated), you could apply for CPT before you graduated for something like say a summer internship, while you applied for the OPT, which is for a maximum of one year usually used after course requirements were complete.
However, I agree with your suggestion, as (again, if I remember right), an individual can only get a maximum of one year of OPT throughout his lifetime.
That being said, there are tax benefits to extending your F1 status (i.e., being on the OPT), since as an F1 holder, you are exempt from SS/medicare taxes.
K
thanks, everybody. The thing is my wife's CPT ends on Dec 19, and when she applied for OPT EAD, she filled in the starting date as Dec 20, but it was approved later than that, will she be considered as illegal working during these days? By the way, she has not received the actual card yet, will the starting date be Dec 20 on the actual card or the approval date? I don't want her to use the AOS EAD because I am worried if I lose my job and cannot find one quickly, then that would be a big trouble if my employer revokes my 140. her employer will get a H1 for her later this year. thanks.
thanks, everybody. The thing is my wife's CPT ends on Dec 19, and when she applied for OPT EAD, she filled in the starting date as Dec 20, but it was approved later than that, will she be considered as illegal working during these days? By the way, she has not received the actual card yet, will the starting date be Dec 20 on the actual card or the approval date?
--- to be honest I have not good knowledge about OPT or CPT, others may guide you, it seems one needs actual EAD in hand
I don't want her to use the AOS EAD because I am worried if I lose my job and cannot find one quickly, then that would be a big trouble if my employer revokes my 140. her employer will get a H1 for her later this year. thanks.
------ If she uses EAD based on AOS and you maintain H1 status then no affect on your H1 if spouse uses EAD based on AOS. Try to maintain H1 till your I-140 gets approved and if H1 expiring then file H1 extension or 7th year H1 extension based on I-140 pending. She can also change status to H4 based on your H1 .
--- to be honest I have not good knowledge about OPT or CPT, others may guide you, it seems one needs actual EAD in hand
I don't want her to use the AOS EAD because I am worried if I lose my job and cannot find one quickly, then that would be a big trouble if my employer revokes my 140. her employer will get a H1 for her later this year. thanks.
------ If she uses EAD based on AOS and you maintain H1 status then no affect on your H1 if spouse uses EAD based on AOS. Try to maintain H1 till your I-140 gets approved and if H1 expiring then file H1 extension or 7th year H1 extension based on I-140 pending. She can also change status to H4 based on your H1 .