Work status during Green Card application process

G

geodave

Registered Users (C)
Hi All,

I'm an international student on F1 and my fiancee is a US-born citizen. We are both working on our graduate degrees but I will complete my MS before she completes her PhD. I plan to apply for the OPT to start working for a consulting firm after I graduate later this year, and my fiancee and I plan to get married in March next year. Here are my questions:

(1) What status will I be on while my conditional green card application is processing?

(2) Will I continue to be able to work while my application is processing (i.e. will my OPT be voided when my fiancee and I submit the appropriate forms to USCIS, or can I continue working using my OPT)?

Any information would be much appreciated.

Thank you!

Dave
 
1) pending adjustment of status
2) yes, you can continue working while your OPT permit is valid. If you don't get your GC before it expires, you should apply for AOS work permit (for free) about three months before your OPT permit expires. However, you can apply for AOS work permit in the same package when applying for AOS.
 
Thank you for the information! I have one more question:

How long would the new AOS work permit (the new EAD card I presume) be valid for while my GC application is being processed?

Thanks!

Dave
 
I year initially - however, you can continue to get EADs while your AOS is pending. I don't think that is likely.
 
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