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  • F-1 OPT to AOS OPT

    Hi all,

    I'm married to a USC and we are sending all of the forms this upcoming week. I had a couple questions regarding the process and I was hoping someone could help.

    I'm currently on an F-1 OPT after completing a doctorate degree and my EAD will expire in 9/2018. When I apply for a new EAD, does that make my current OPT EAD invalid, meaning am I not legally allowed to continue to work until I get the new AOS EAD? If this is the case, what is the best way to make sure I continue to be employed?

    My USC spouse is a graduate student so she does not have any income at the moment. I make well above the necessary amount and included that amount with supporting documentation. Her father also filed an I-864 for me just incase as the only joint sponsor. Is this okay?

    Lastly, I read in a couple posts saying that the supporting documentation for I-131 (AP) to explain how one qualifies for an AP is not required if filing through I-130 AOS. Is this true?

    Thank you all for your answers!

  • #2
    Originally posted by dky001 View Post
    I'm currently on an F-1 OPT after completing a doctorate degree and my EAD will expire in 9/2018. When I apply for a new EAD, does that make my current OPT EAD invalid, meaning am I not legally allowed to continue to work until I get the new AOS EAD?
    Your existing EAD is not automatically revoked upon the issuance of a different EAD. Your current EAD remains valid until its expiry date until it is formally revoked or you fall out of F-1 status

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    • #3
      Originally posted by dky001 View Post
      Hi all,

      I'm married to a USC and we are sending all of the forms this upcoming week. I had a couple questions regarding the process and I was hoping someone could help.

      I'm currently on an F-1 OPT after completing a doctorate degree and my EAD will expire in 9/2018. When I apply for a new EAD, does that make my current OPT EAD invalid, meaning am I not legally allowed to continue to work until I get the new AOS EAD? If this is the case, what is the best way to make sure I continue to be employed?

      My USC spouse is a graduate student so she does not have any income at the moment. I make well above the necessary amount and included that amount with supporting documentation. Her father also filed an I-864 for me just incase as the only joint sponsor. Is this okay?

      Lastly, I read in a couple posts saying that the supporting documentation for I-131 (AP) to explain how one qualifies for an AP is not required if filing through I-130 AOS. Is this true?

      Thank you all for your answers!
      for your last question, yes it is true I did not have any explanations and my I-131 was approved. I used it last month.
      PD: 08/30/2017

      11/14/2017, I-765 status was changed to "New card is being produced".
      11/16/2017, I-765 status was changed to "Card was Mailed To Me".
      11/18/2017, Approval notices were received in mail for I-765 and 1-131. they would be valid for one year.
      11/20/2017, Combo card was delivered.
      09/06/2018, EAD renewal was received.
      09/17/2018, Fingerprint Review was completed.
      11/19/2018, Interview was scheduled.

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