Renewal or New EAD??

[Homermn2001]

My spouse is AOS from F-1, she had her OPT EAD for the past year, when we file the paperwork should she file as a reneewal or as a new EAD, I believe the paper work says that if you are aplying under a different rule for EAD you should file New and submit a photocopy of the exisiting one, is that correct?

 

[cherr1980]

I think her OPT EAD is based in her non immigrant visa so I don't think that she should file like a renewal since she is in AOS process.

The EAD as part of the AOS process will have her new receipt number on it. She should apply as first/new EAD, you don't have to submit a photocopy of the existing one since you are filing for the "first time" as an adjustee not as F-1.

Somebody else can correct me...but that is what I think

Good luck,

 

[Flyer729]

I was also on F-1 and now I am pending on AOS. When I submitted my package I requested a new EAD, but I included a copy of my old OPT EAD. Now I am waiting on my second EAD.

 

[cherr1980]

Here we go! good.
A question...if you are in F-1 your F-1 gest void once you apply for AOS?
let me know thanks!!

 

[ari4u]

A question...if you are in F-1 your F-1 gest void once you apply for AOS?

An Answer: Yes, F1 is no longer valid (as it does not have dual intent) when one applies for AOS.

 

[cherr1980]

Thanks!! I thought the same thing, since normally I don't put attention on F1 cases I really want to be sure since somebody was asking about it.

 

[icman]

An Answer: Yes, F1 is no longer valid (as it does not have dual intent) when one applies for AOS.

Will the OPT be still valid then? Does the F-1 student need to wait for the new EAD or can work for with his OPT till then? Please, if you know, answer.

 

[ari4u]

Will the OPT be still valid then? Does the F-1 student need to wait for the new EAD or can work for with his OPT till then? Please, if you know, answer.

It doesnt make sense for the F-1 to be valid when you have applied for AOS. Technically, after you apply for AOS, you fall under the "Pending AOS" status and the only way you can be on a non-immigrant visa at the same time is to be on a H/L visa as they allow dual intent. Im not sure about the OPT, but i tend to think it is invalid as it was issued based on a F-1 status and you need to get another EAD based on your AOS status to start working. I may be wrong, others who can answer, pls chip in

 

[icman]

Bump. Anyone can answer if an OPT becomes invalid once you file I-485? Do I have to wait for the new EAD?

 

[princesskate]

Bump. Anyone can answer if an OPT becomes invalid once you file I-485? Do I have to wait for the new EAD?

I think so. Since OPT is a student employment authorization for F-1, I don't think the OPT would still be valid without a valid F-1 status.

 

[GotPR?]

There is no such law stating applying I485 or immigration petition invalidates F1 visa, but it is gray area.